1 ENERGYAND ENVIRONMENT CABINET 2 Departmentfor Environmental Protection 3 Division forAirQuality 4 (Amendment) 

## JUN 142012**~L·~** REGULATIONS COMPILER

5 401 KAR 51:017. Prevention ofsignificantdeterioration ofairquality. 6 RELATES TO: KRS 224.10-100, 40 C.F.R. 51 Subpart I, Appendix S, sec. IV, Part 7 51, AppendixW, 51.166, 52.21, 52.26, 53, 58 AppendixA, 60, 61, 63, 70.6, 81.318, 81 8 Subpart D, 42 U.S.C. 7401-7671q[, 4321 4370d, EO 2009 538] 9 STATUTORY AUTHORITY: KRS 224.10-100(5), 40 C.F.R. 51.166, [52.21,] 42 10 U.S.C. 7401-7671q[, EO 2009 538] 11 NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100.(§1 requires the 12 cabinet to promulgate administrative regulations for the prevention, abatement, and 13 control of air pollution. [EO 2009 538, effective June 12, 2009, establishes the Energy 14 and Environment Cabinet.] This administrative regulation provides for the prevention of 15 significant deterioration of ambient air quality. The provisions of this administrative 16 regulation are not [different nor] more stringent than the corresponding federal 17 requirements [regulation, 40 C.F.R. 51.166]. 18 Section 1. Applicability. (1) This administrative regulation shall apply to the 19 construction ofa new majorstationarysource ora projectat an existing majorstationary 20 source that commences construction after September 22, 1982, and locates in an area 21 designated attainmentorunclassifiable under42 U.S.C. 7407(d)(1)(A)(ii) and (iii). 11 (2) Except as otherwise provided in this administrative regulation, the provisions of 2 Sections 8to 16 ofthis administrative regulation shall applyto the construction ofa new 3 majorstationarysource oramajor modification ofan existing majorstationarysource. 4 (3) The owner or operator ofa new major stationary source or major modification, 5 which is subjectto the requirements ofSections 8to 16 ofthis administrative regulation, 6 shall not begin actual construction without a proposed permit or proposed permit 7 revision issued under401 KAR 52:020 stating thatthe majorstationary source or major 8 modification shall meetthose requirements. 9 (4) Applicability tests for projects. Except as provided in subsection (5) of this 10 section, a project shall be a major modification for a regulated NSR pollutant only ifthe 11 project causes asignificant emissions increase and asignificant net emissions increase 12 as provided in paragraphs (a) and (b) ofthis subsection. 13 (a) Priorto beginning actual construction, the owner or operator shall first determine 14 if a significant emissions increase will occur for the applicable type of unit being 15 constructed according to subparagraphs 1to 3ofthis paragraph. 16 1. Actual-to-projected actual applicability test for projects that only involve existing 17 emissions units. A significant emissions increase ofa regulated NSR pollutant shall be 18

. projected to occur ifthe sum ofthe difference between the projected actual emissions 19 and the baseline actual emissions for each existing emissions unit equals or exceeds 20 the significantamountforthat pollutant. 21 2. Actual-to-potential test for projects that involve only construction of new 22 emissions units. A significant emissions increase of a regulated NSR pollutant shall be 23 projected to occur if the sum of the potential to emit from each new emissions unit



### 21 following completion of the project equals or exceeds the significant amount for that 2 pollutant. 3 3. Hybrid testfor projects that involve multipletypes ofemissions units. A significant 4 emissions increase of a regulated NSR pollutant shall be projected to occur ifthe sum 5 of the emissions increases for each emissions unit, using a method specified in 6 subparagraphs 1and 2 ofthis paragraph as applicable for each emissions unit, equals 7 orexceeds the significantamountforthat pollutant. 8 (b) Prior to beginning actual construction and after completing the applicable 9 procedure established in paragraph (a) of the subsection, the owner or operator shall 10 determine for each regulated NSR pollutant if a significant net emissions increase will 11 occur pursuantto 401 KAR 51:001, Section 1(144) and (218). 12 (5) For a plant-wide applicability limit (PAL) for a regulated NSR pollutant at a major

.13 stationary source, the owner or operator of the major stationary source shall comply 14 with the applicable requirements ofSection 20 ofthis administrative regulation. 15 Section 2. Ambient Air Increments. (1) In areas designated as Class I or II, 16 increases in pollutant concentration over the baseline concentration shall be limited to 17 thefollowing levels: Pollutant Maximum Allowable Increase (Micrograms per cubic meter) Class I Particulate Matter:



### 3PM2.s, annual 

### 1 arithmetic mean PM2.s, 24-hour 2 ·maximum PM10, annual 4 arithmetic mean PM10, 24-hour 

### 8 maximum Sulfur Dioxide: Annual arithmetic 2

mean 24-hourmaximum 5 3-hourmaximum 25 Nitrogen Dioxide: Annual arithmetic 2.5

mean Class II Particulate Matter:

PM2.s. annual 4 arithmetic mean PM2.s. 24-hour 

### 9 maximum



### 4

### PM10, annual 17 arithmetic mean 

### PM1o, 24-hour 30 maximum Sulfur Dioxide: Annual arithmetic 20

mean 24-hourmaximum 91 3-hour maximum 512 Nitrogen Dioxide: Annual arithmetic 25

mean 1 (2) For any period other than an annual period, the applicable maximum allowable 2 increase may be exceeded during one (1) such period peryearatanyone (1) location. 3 Section 3. Ambient Air Ceilings. The concentration of a regulated NSR pollutant 4 shall not exceed the concentration allowed under the national secondary ambient air 5 quality standard or under the national primary ambient air quality standard, whichever 6 concentration is lowerforthe pollutantfora period ofexposure. 7 Section 4. Restrictions on Area Classifications. (1) The following areas, which were 8 in existence on August7, 1977, shall be Class Iareas and shall not be redesignated: 9 (a) International parks; 10 (b) National wilderness areas and national memorial parks that exceed 5,000 acres 11 in size; and

51 (c) National parks that exceed 6,000 acres in size. 2 (2) Any other area, unless otherwise specified in the legislation creating the area, 3 shall be designated Class II but may be redesignated as provided in 40 C.F.R. 4 51.166(g). 5 (3) The visibility protection requirements ofthis administrative regulation shall apply 6 onlyto sourcesthat may impacta mandatory Class Ifederal area. 7 (4) The following areas may be redesignated only as Class Ior II: 8 (a) An area that as of August 7, 1977, exceeded 10,000 acres in size and was a 9 national monument, a national primitive area, a national preserve, a national 10 recreational area, a national wild and scenic river, a national wildlife refuge, a national 11 lakeshore orseashore; and 12 (b) A national park or national wilderness area established after August 7, 1977, 13 which exceeds 10,000acres in size. 14 Section 5. Exclusions from Increment Consumption. (1) Pursuant to notice and 15 opportunityfor at least one (1) public hearing to be held in accordance with procedures 16 established in 401 KAR 52:100, the cabinet may excludethe following concentrations in 17 determining compliancewith a maximum allowable increase: 18 (a) Concentrations attributable to the increase in emissions from stationary sources 19 that have converted from the use ofpetroleum products, natural gas, or both by reason 20 ofan order in effect under afederal statute or regulation overthe emissions from these 21 sources beforethe effective date ofthe order; 22 (b) Concentrations attributable to the increase in emissions from sources that have 23 converted from using natural gas by reason of a natural gas curtailment plan in effect



### 61 pursuantto afederal statute overthe emissionsfrom those sources beforethe effective 2 dateofthe plan; 3 (c) Concentrations of particulate matter attributable to the increase in emissions 4 from construction or other temporary emission-related activities of new or modified 5 sources; and 6 (d) Concentrations attributable to the temporary increase in emissions of sulfur 7 dioxide, particulate matter, or nitrogen oxides from stationary sources affected by plan 8 revisions approved by the Administrator of the U.S. EPA as meeting the criteria 9 established in subsection (3) ofthis section. 10 (2)(a) Exclusion of concentrations shall not apply more than five (5) years after the 11 effective date of the order to which subsection (1)(a) of this section refers or the 12 curtailment plan to which subsection (1)(b) of this section refers, whichever is 13 applicable. 14 (b) Ifboth an orderand curtailment plan are applicable, an exclusion shall not apply 15 morethan five (5) years afterthe laterofthetwo (2) effective dates. 16 (3) Forexcluding concentrations pursuantto subsection (1)(d) ofthis section: 17 (a) The time period over which the temporary emissions increase of sulfur dioxide, 18 particulate matter, or nitrogen oxides would occur shall be specified and shall not 19 exceed two (2) years in duration unless a longertime is approved bythe U.S. EPA; 20 (b) The time period for excluding certain contributions in accordancewith paragraph 21 (a) ofthis subsection shall not be renewable; 22 (c) An emissions increasefrom astationary source shall notoccurthatwill:

71 1. Impact aClass Iarea or an area in which an applicable increment is known to be 2 violated; or 3 2. Cause orcontributeto the violation ofanational ambientairqualitystandard; and 4 (d) Limitations shall be in effect at the end of the time period established in 5 paragraph (a) ofthis subsection, which ensure that the emissions levels from stationary 6 sources affected by the SIP revision shall not exceed the levels occurring from those 7 sources before the revision was approved. 8 Section 6. Stack Heights. (1) The degree ofemissions limitation required for control 9 ofan air pollutant underthis administrative regulation shall not be affected by: 10 (a) So much ofthe stack height ofa source as exceeds good engineering practice; 11 or 12 (b) Anotherdispersiontechnique. 13 (2) Subsection (1) ofthis section shall not applyto stack heights in existence before 14 December31, 1970, orto dispersiontechniques implemented beforethen. 15 Section 7. Exemptions. (1) Sections 8to16 ofthis administrative regulation shall not 16 applyto aparticular majorstationary source or major modification, if: 17 (a) The owneroroperator: 18 1. Obtained the necessary federal, state, and local preconstruction approval 19 effective before September22, 1982; 20 2. Commenced construction before September22, 1982; and 21 3. Did notdiscontinue construction foraperiod ofeighteen (18) months or more. 22 (b)1. The major stationary source is a nonprofit health institution, a nonprofit 23 educational institution, oramajormodification at such an institution; and



### 81 2. The Governor ofthe Commonwealth of Kentucky requests that it be exemptfrom 2 those requirements. 3 (c) The source or modification is a major stationary source or major modification 4 only if fugitive emissions, to the extent quantifiable, are considered in calculating the 5 potential to emit ofthe stationary source or modification and the source does not belong 6 to any ofthefollowing categories: 7 1. Coal cleaning plantswith thermal dryers; 8 2. Kraft pulp mills; 9 3. Portland cement plants; 1

0 4. Primaryzincsmelters; 11 5. Iron and steel mills; 12 6. Primaryaluminum ore reduction plants; 13 7. Primarycoppersmelters; 14 8. Municipal incinerators capable ofcharging morethan 250tons of refuse perday; 15 9. Hydrofluoric, sulfuric, or nitricacid plants; 16 1 0. Petroleum refineries; 17 11. Lime plants; 18 12. Phosphate rock processing plants; 19 13. Coke oven batteries; 20 14. Sulfur recovery plants; 21 15. Carbon black plants, furnace process; 22 16. Primary lead smelters; 23 17. Fuel conversion plants;



### 91 18. Sintering plants; 2 19. Secondary metal production plants; 3 20. Chemical process plants, except ethanol production facilities producing ethanol 4 by natural fermentation under the North American Industry Classification System 5 (NAICS) codes 325193 or312140; 6 21. Fossil-fuel boilers, or combination offossil-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. Glassfiber 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. Anotherstationarysource categorythat, as ofAugust7, 1980, is being regulated 16 under42 U.S.C. 7411 or7412. 17 (d) The source or modification is a portable stationary source that has previously 18 received apermit underthis administrative regulation; and 19 1. The owner or operator proposes to relocate the source, and the emissions ofthe 20 source atthe new location will be temporary; 21 2. The emissionsfrom the sourcewill notexceed its allowable emissions; 22

.3. The emissionsfrom the sourcewill not impacta Class Iarea or an areawhere an 23 applicable increment is known to be violated; and

101 4.a. Reasonable notice is given to the cabinet prior to the relocation identifying the 2 proposed new location and the probable duration ofoperation atthe new location. 3 b. Notice shall be given to the cabinet not less than ten (10) days in advance ofthe 4 proposed relocation unless a different time duration is previously approved by the 5 cabinet pursuantto this subsection. 6 (e) The source or modification was not subjectto this administrative regulation with 7 respecttoparticulate matter requirements in effect before July 31, 1987, and the owner 8 oroperator: 9 1. Obtained all final federal, state, and local preconstruction approvals or permits 10 necessary underthe applicable SIP before July 31, 1987; 11 2. Commenced construction within eighteen (18) months afterJuly 31, 1987; and 12 3. Did not discontinue construction for a period ofeighteen (18) months or more and 13 completed construction within a reasonable period oftime. 14 (f)1. The source or modification was subject to this administrative regulation for 15 particulate matter requirements in effect before July 31, 1987, and the owner or 16 operator submitted an application for a permit under the applicable permit program 17 beforethat date; and 18 2. The cabinet subsequently determined that the application as submitted was 19 completewith respectto the particulate matter requirements then in effect. 20 (2) Sections 8 to 16 of this administrative regulation shall not apply to a major 21 stationary source or major modification for a particular pollutant ifthe owner or operator 22 demonstrates that, for that pollutant, the source or modification is located in an area 23 designated as nonattainment pursuantto 42 U.S.C. 7407(d)(1)(A)(i).

111 (3) Sections 9,11, and 13 of this administrative regulation shall not apply to a 2 proposed major stationary source or major modification for a particular pollutant, ifthe 3 allowable emissions ofthat pollutant from the source, orthe net emissions increase of 4 that pollutantfrom amodification: 5 (a) Will not impact aClass Iarea oran areawhere an applicable increment is known 6 to be violated; and 7 (b) Will be temporary. 8 (4) Sections 9, 11, and 13 of this administrative regulation, as applicable to a 9 maximum allowable increase for a Class II area, shall not apply to a major modification 10 at a stationary source that was in existence on March 1, 1978, if the net increase in 11 allowable emissions of each regulated NSR pollutant from the modification after the 12 application of BACTwill be lessthan fifty (50) tons peryear. 13 (5) The cabinet may exempt a proposed major stationary source or major 14 modification from the monitoring requirements of Section 11 of this administrative 15 regulation for aparticular pollutant, if: 16 (a) The emissions increase of the pollutant from the new source or the net 17 emissions increase ofthe pollutantfrom the modification will cause airquality impacts in 18 an area, which are lessthan the amounts listed in thefollowing table; or Pollutant Air Quality Averaging Level Time Carbon 575 IJg/mj .8-hour monoxide average

12Nitrogen dioxide annual average 24-hour average 24-hour average [Particulate 10**I=Jg/m~-ef** 24 hour matter Sulfur dioxide Ozone average] 24-hour average A de minimis air quality level is not provided for ozone. However, a net increase of 100 tons peryear or more of volatile organic compounds

or nitrogen oxides subject to this administrative regulation shall be required to perform

an ambient impact analysis including the gathering of ambientairqualitydata.



### 13Lead 0.1 1-Jg/m3 3-month average Fluorides 0.25 1-Jg/m3 24-hour average Hydrogen 0.2 1-Jg/m0 1-hour sulfide average Total 10 1-Jg/m3 1-hour reduced average sulfur Reduced 10 1-Jg/m0 1-hour sulfur average compounds 1 (b) The concentrations ofthe pollutant in the area thatthe source or modificationwill 2 affect are less than the concentrations listed in the table in paragraph (a) of this 3 subsection, orthe pollutant is not listed in thetable. 4 (6) Permitting requirements equivalent to Section 9(2) of this administrative 5 regulation shall not apply to a stationary source or modification for a maximum 

### 6 allowable increasefor nitrogen oxides, if: 7 (a) The owner or operator ofthe source or modification submitted an application for 

### 8 a permit or permit revision under the applicable permit program before the date on 9 which the provisions embodying the maximum allowable increase took effect in the 10 Kentucky SIP; and

141 (b) The cabinet subsequently determined that the application as submitted before 2 thatdatewas complete. 3 (7) Permitting requirements equivalent to Section 10(2) of this administrative 4 regulation shall not apply to a stationary source or modification for a maximum 5 allowable increasefor PM10,if: 6 (a) The owner or operator ofthe source or modification submitted an application for 7 a permit under the applicable permit program before the provisions embodying the 8 maximum allowable increasesfor PM 10tookeffectas partofKentucky's SIP; and 9 (b) The cabinet subsequently determined that the application as submitted before 10 thatdatewas complete. 11 (8)(a) The cabinet may determine that the requirements for air quality monitoring of 12 PM10 in Section 11 ofthis administrative regulation shall not applyto a particularsource 13 or modification, if: 14 1. The owner oroperatorofthe source or modification submitted an applicationfora 15 permit underthis section on or before June 1, 1988; and 16 2. The cabinet subsequently determines that the application as submitted before 17 that date was complete, except for the requirements for monitoring particulate matter 18 specified in Section 11 ofthis administrative regulation. 19 (b) The requirements for air quality monitoring of PM 10 in Section 11 of this 20 administrative regulation shall applyto a particularsource or modification ifthe owneror 21 operator of the source or modification submitted an application for a permit under 40 22 C.F.R. 52.21 or this administrative regulation after June 1, 1988, and not later than 23 December 1, 1988.

151 1. The data shall have been gathered over at least the period from February 1, 2 1988, to the date the application becomes complete in accordance with Section 11 of 3 this administrative regulation; and 4 2. If the cabinet determines that a complete and adequate analysis can be 5 accomplished with monitoring data overa shorter period, which may notto be lessthan 6 four (4) months, the data that Section 11 ofthis administrative regulation requires shall 7 have been gathered overthatshorter period. 8 (9) Ifthe owneroroperatorofthe source or modification submitted an application for 9 a permit under 40 C.F.R. 52.21 or this administrative regulation before the date the 

### 1

0 provisions embodying the maximum allowable increases for PM 10 took effect and the 11 cabinet subsequently determined thatthe application as submitted beforethat datewas 12 complete, the requirements ofSection 9(2) ofthis administrative regulation shall: 13 (a) Not apply to a stationary source or modification for a maximum allowable 

### 14 increasefor PM1o; and 15 (b) Apply for the maximum allowable increases for TSP as in effect on the daythe 16 application was submitted. 17 Section 8. Control Technology Review. (1) A major stationary source or major 18 modification shall meet each applicable emissions limitation under the Kentucky SIP 19 and each applicable emissions standard and standard of performance pursuant to 40 20 C.F.R. Parts60 and 61. 21 (2) A new major stationary source shall apply BACT for each regulated NSR 22 pollutantforwhich the source hasthe potentialto emit in significantamounts. 23 (3) A majormodification shall apply BACT:

161 (a) For each regulated NSR pollutant that results in a significant net emissions 2 increase atthe source; and 3 (b) For each proposed emissions unit at which a net emissions increase in the 4 pollutant occurs as a result of a physical change or change in the method of operation 5 ofthe unit. 6 (4) For phased construction projects: 7 (a) The cabinet shall review and modify, as appropriate, the BACT determination at 8 the latest reasonable time occurring not later than eighteen (18) months prior to 9 commencementofconstruction ofeach independentphase ofthe project; and 10 (b) If requested by the cabinet, the owner or operator of the applicable stationary 11 source shall demonstrate the adequacy of a previous BACT determination for the 12 source. 13 Section 9. Source Impact Analysis. ill_ The owner or operator of the proposed 14 source or modification shall demonstrate that allowable emissions increases from the 15 proposed source or modification, in conjunction with all other applicable emissions 16 increases or reductions, including secondary emissions, shall not cause orcontribute to 17 air pollution in violation of: 18 

## fill[f-B] A national ambientairqualitystandard in an airqualitycontrol region; or 19**.(Q}[~]** An applicable maximum allowable increase over the baseline concentration 20 in any area. 21 (2) For purposes of PM2.5• the demonstration pursuant to subsection (1) of this 22 section is deemed to have been made ifthe emissions increasefrom the newstationary

171 source alone or from the modification alone would cause, in all areas, an air quality 2 impact lessthan the amounts listed in thefollowing table. Pollutant Averaging Time Class Iarea Class II area

PM2.s Annual 0.06 !:!91m3 0.3**b!glm~** PM2.s 24-hour 0.07 !:!91m3 1.2 !:!91m3

3 Sect1on 10. Air Quality Models. (1) Estimates of ambient concentrations shall be 4 based on the applicable airquality models, databases, and other requirements specified 5 in 40 C.F.R. Part51, AppendixW, "Guidelineon AirQuality Models"AppendixA. 6 (2) If an air quality model specified in 40 C.F.R. Part 51, Appendix W, is 7 inappropriate, the model maybe modified oranothermodel substituted. 8 (a) The useofa modified orsubstitute model shall be: 9 1. Subjectto notice and opportunityfor public comment under401 KAR 52:100; and 10 2. Approved in writing bythe U.S. EPA pursuantto 40 C.F.R. 51.166(1). 11 (b) Methods similar to those outlined in the "Workbook for the Comparison ofAir 12 Quality Models," specified in 401 KAR 50:040, Section 1(3), shall be used to determine 13 the comparabilityofairquality models. 14 Section 11. AirQualityAnalysis. (1) Preapplication analysis. 15 (a) An application for a permit or permit revision under 401 KAR 52:020 and this 16 administrative regulation shall contain an analysis ofambient airquality in the area that 17 the majorstationarysource ormajormodificationwill affectforeach ofthefollowing: 18 1. For a source, each pollutant that the source will have the potential to emit in a 19 significantamount;

181 2. For a modification, each pollutant that the modification will result in a significant 2 netemissions increase. 3 (b) For a pollutant that does not have a national ambient air quality standard, the 4 analysis shall contain air quality monitoring data the cabinet determines necessary to 5 assess ambient air quality for that pollutant in an area that the emissions of that 6 pollutantwill affect. 7 (c) For pollutants, other than nonmethane hydrocarbons, for which a standard 8 exists, the analysis shall contain continuous air quality monitoring data gathered to 9 determine if emissions of that pollutant will cause or contribute to a violation of the 10 standard oramaximum allowable increase. 11 (d)1. The required continuous air quality monitoring data shall have been gathered 12 over a period of at least one (1) year and shall represent at least the year preceding 13 receipt ofthe application. 14 2. If the cabinet determines that a complete and adequate analysis may be 15 accomplished with monitoring data gathered over a period shorter than one (1) year, 16 that period shall be not lessthan four (4) months. 17 (e) For analysis ofvolatile organic compounds, the owner or operatorofa proposed 18 major stationary source or major modification who satisfies all conditions of 40 C.F.R. 19 Part 51, Appendix S, section IV may provide postapproval monitoring data for ozone 20 instead ofproviding preconstruction data as required in this section. 21 

### (f) For air quality monitoring of PM1o under Section 7(8)(a) and (b) of this 22 administrative regulation, the owneroroperatorofthe source or majormodification shall 23 use a monitoring method approved by the cabinet pursuant to 40 C.F.R. Part 53 and

191 shall estimate the ambient concentrations of PM 10 using the data collected by that 2 approved monitoring method in accordancewith estimating procedures approved bythe 3 cabinet pursuantto 40 C.F.R. Part58, AppendixA. 4 (2) Postconstruction monitoring. After construction of a major stationary source or 5 major modification, the owner or operator shall conduct ambient monitoring that the 6 cabinet determines is necessary to determine the effect emissions from the stationary 7 source or modification may have, orare having, on airquality in an area. 8 (3) Operation of monitoring stations. During the operation of air quality monitoring 9 stations, the owner or operator ofa major stationary source or major modification shall 10 meet the requirements of 40 C.F.R. Part 58, Appendix A to satisfy the air quality 11 analysis requirements ofthis section. 12 Section 12. Source Information. The owner or operator of a proposed source or 13 modification shall submitto the cabinet all information necessaryto perform an analysis 14 or make adetermination required underthis administrative regulation. 15 (1) The information shall include: 16 (a) A description of the nature, location, design capacity, and typical operating 17 schedule ofthe source or modification, including specifications and drawings showing 18 its design and plant layout; 19 (b) A detailed scheduleforconstruction ofthe source or modification; and 20 (c) A detailed description ofthe system of continuous emissions reduction planned 21 for the source or modification, emissions estimates, and any information necessary to 22 determinethat BACTwill be applied.

201 (2) Upon request ofthe cabinet, the owneroroperatorshall also provide information 2 on: 3 (a) The airquality impact ofthe source or modification, including meteorological and 4 topographical data necessaryto estimatethe impact; and 5 (b) The air quality impacts and the nature and extent of general commercial, 6 residential, industrial, and other growth that has occurred since August 7, 1977, in the 7 area the source ormodificationwill affect. 8 Section 13. Additional ImpactAnalysis. (1) The owner or operator shall provide an 9 analysis ofthe impairmentto visibility, soils, and vegetation thatwill occuras a result of: 10 (a) The source or modification; and 11 (b) General commercial, residential, industrial, and othergrowth associated with the 12 source or modification. 13 (2) The owner or operatorshall not be required to provide an analysis ofthe impact 14 on vegetation not having significant commercial or recreational value. 15 (3) The owner or operator shall provide an analysis of the air quality impact 16 projected forthe area as a result ofgeneral commercial, residential, industrial, and other 17 growth associated with the source or modification. 18 (4) Visibility monitoring. 19 (a) Ifthe cabinet requires monitoring ofvisibility in a Class I area impacted by the 20 proposed new stationary source or major modification, the monitoring shall be 21 performed using: 22 1. Human observations; 23 2. Teleradiometers;

211 3. Photographic cameras; 2 4. Nephelometers; 3 5. Fine particulate monitors; or 4 6. Other U.S. EPA-approved methods. 5 (b) The method selected shall be determined on a case-by-case basis by the 6 cabinet pursuantto 40 C.F.R. 51.166. 7 (c) Visibility monitoring required by the cabinet in a Class Iarea shall be approved 8 bythe federal land manager. 9 (d) Data obtained from visibility monitoring shall be made available to the cabinet, 10 the U.S. EPA, and thefederal land manager, upon request. 11 Section 14. Sources Impacting Class IAreas; Additional Requirements. (1) Notice 12 to U.S. EPAand federal land managers. The cabinet shall provide; 13 (a) Written notice to the U.S. EPA, the federal land manager, and the federal official 14 charged with direct responsibility for management of lands within a Class I area of a 15 permitapplicationforaproposed majorstationary source or major modification that may 16 affectthe Class Iarea. 17 (b) Notice promptly after receiving the permitapplication. The notice shall: 18 1. Include acopy ofall information relevantto the permitapplication; 19 2. Be given within thirty (30) days of receipt and at least sixty (60) days priorto the 20 public hearing on the application fora permitto construct; and 21 3. Include an analysis ofthe proposed source's anticipated impacts on visibility in 22 the Class Iarea.

221 (c) The cabinet shall also provide the federal land manager and other federal 2 officials with a copy ofthe preliminary determination and shall make available to them 3 the materials used in making that determination, promptly after the cabinet makes it. 4 The cabinet shall also notify all affected federal land managerswithin thirty (30) days of 5 receipt ofan advanced notification ofthe permit application. 6 (2) Federal land manager. The federal land managerand the federal official charged 7 with direct responsibility for management of lands located in a Class I area shall have 8 an affirmative responsibility to protectvisibility and other airquality related values ofthe 9 lands and to consider, in consultation with the cabinet, if a proposed source or 10 modificationwill have an adverse impacton those values. 11 (3) Visibilityanalysis. 12 (a) The cabinet shall consider an analysis performed by the federal land manager, 13 which is provided within thirty (30) days of the notice and analysis required by 14 subsection (1) ofthis section, which showsthataproposed new majorstationarysource 15 or majormodification may have an adverse impacton visibility in aClass Iarea. 16 (b) If the cabinet finds the analysis does not demonstrate to the cabinet's 17 satisfaction thatan adverse impact on visibilitywill result in the Class Iarea, the cabinet 18 shall, in the public notice required in 401 KAR 52:100, either explain that decision or 19 give notice as towherethe explanation may be obtained. 20 (4) Denial; impacton airquality related values. 21 (a) The federal land manageroflands located in a Class Iarea may demonstrate to 22 the cabinet that the emissions from a proposed source or modification will have an 23 adverse impact on the visibility and other air quality related values ofthose lands, even

231 though the change in air quality resulting from emissions from the proposed source or 2 modification will not cause orcontribute to concentrations thatwill exceed the maximum 3 allowable increasesfor aClass Iarea. 4 (b) Ifthe cabinet concurs with the demonstration specified in paragraph (a) ofthis 5 subsection, the cabinetshall not issuethe permitorpermit revision. 6 (5) Class Ivariances. 7 (a) The owneroroperatorofa proposed source or modification may demonstrateto 8 the federal land manager that the emissions from the source or modification will not 9 have adverse impact on the visibility or other air quality related values of lands located 10 in a Class I area, even though the change in air quality resulting from emissions from 11 the source or modification will cause or contribute to concentrations thatwill exceed the 12 maximum allowable increases for a Class I area as specified in Section 2(1) of this 13 administrative regulation. 14 (b) If limitations are necessary, the cabinet may issue the permit or permit revision 15 with emissions limitations necessary to assure that emissions of sulfur dioxide,**PM ~**  16 PM10 [particulate matter], and nitrogen oxides will not exceed the maximum allowable 17 increases over minorsource baseline concentration forthe pollutants as specified in 40 18 C.F.R. 51.166(p)(4) [Section 2(1) ofthis administrative regulation] if: 19 1. The federal land manager concurs with the demonstration specified in paragraph 20 (a) ofthis subsection and certifies accordingly; and 21 2. The otherapplicable requirements ofthis administrative regulation are met. 22 (6) Sulfurdioxidevariance by governorwith federal land manager's concurrence.

241 (a) The owner or operator of a proposed source or modification, which cannot be 2 approved under subsection (5) of this section because the source cannot be 3 constructed without exceeding a maximum allowable increase in sulfur dioxide 4 applicable to a Class I area for a period of twenty-four (24) hours or less, may 5 demonstrateto the Governor ofthe Commonwealth of Kentucky that avariance will not 6 adverselyaffectthevisibility orotherairquality related values ofthe area. 7 (b) The governor, after consideration of the federal land manager's 8 recommendation, if applicable, and subject to the federal land manager's concurrence, 9 may, after notice and public hearing, grant a variance from the maximum allowable 10 increase. 11 (c) Ifavariance is granted, the cabinet shall issue a permit or permit revision to the 12 source or modification under the requirements of 401 KAR Chapter 52 if the other 13 applicable requirements ofthis administrative regulation are met. 14 (7) Variance bythe governorwith the President's concurrence. 15 (a) Ifthe Governor of the Commonwealth of Kentucky recommends a variance in 16 which the federal land manager does not concur, the recommendations ofthe governor 17 and the federal land managershall be transmitted to the President ofthe United States 18 ofAmerica. 19 (b) Ifthe variance is approved by the President, the cabinet shall issue a permit or 20 permit revision in accordancewith the requirements of401 KAR Chapter52, ifthe other 21 applicable requirements ofthis administrative regulation are met.

251 (8) Emissions limitations for presidential or gubernatorial variance. For a permit or 2 permit revision issued pursuant to subsections (6) or (7) ofthis section, the source or 3 modification shall complywith the emissions limitations necessaryto assurethat: 4 (a) Emissions of sulfur dioxide from the source or modification shall not, during a 5 day on which the other applicable maximum allowable increases are exceeded, cause 6 or contribute to concentrations that will exceed the maximum allowable increases over 

### 7 the baseline concentration as specified in thefollowing table; and MaximumAllowable Increase (Micrograms percubic meter) Terrain areas Period of Low High Exposure 24-hour maximum 36 62 3-hour maximum 130 221 8 (b) Emissions shall not cause or contribute to concentrations that exceed other 

### 9 applicable maximum allowable increases for periods of exposure of twenty-four (24) 10 hours or less for more than a total of eighteen (18) days that are not necessarily 11 consecutive during an annual period. 12 Section 15. Public Participation. The cabinet shall follow the applicable procedures 13 of 401 KAR 52:100, 40 C.F.R. 51.166(q), and this administrative regulation in 14 processing applications underthis administrative regulation. 15 Section 16. Source Obligation. (1) An owner or operatorofasource or modification 16 subjectto this administrative regulation who begins actual construction after September

261 22, 1982, shall construct and operate the source or modification in accordance with the 2 application submitted to the cabinet under this administrative regulation and 401 KAR 3 52:020 orunderthe terms ofan approval to construct. 4 (2)(a)Approval to constructshall become invalid ifconstruction: 5 1. Is notcommenced within eighteen (18) months after receipt ofthe approval; 6 2. Is discontinuedfor aperiod ofeighteen (18) months or more; or 7 3. Is notcompleted within a reasonabletime. 8 (b) The cabinet may extend the eighteen (18) month period upon a satisfactory 9 demonstrationthat an extension isjustified. 1

0 1. An extension shall not apply to the time period between construction of the 11 approved phases ofaphased construction project; and 12 2. Each phase shall commence construction within eighteen (18) months of the 13 projected and approved commencementdate. 14 (3) Approval to construct shall not relieve an owner or operator ofthe responsibility 15 to comply fully with 401 KAR Chapters 50 to 68 and other requirements oflocal, state, 16 orfederal law. 17 (4) Ifa particularsource or modification becomes a majorstationarysource or major 18 modification solely by virtue of a relaxation in an enforceable limitation that was 19 established afterAugust 7, 1980, on the capacity ofthe source or modification to emit a 20 pollutant, Sections 8to 16 ofthis administrative regulation shall apply to the source or 21 modification as though construction had not yet commenced on the source or 22 modification.

271 (5)(a) The provisions ofthis subsection shall apply to projects at existing emissions 2 units at amajorstationarysource otherthan projectsatasourcewith a PAL, if: 3 1. There is a reasonable possibility that a project that is not part of a major 4 modification may result in asignificantemissions increase; and 5 2. The owner or operator elects to use the method specified in 401 KAR 51:001, 6 Section 1(199)(b) to calculate projected actual emissions. 7 (b) Before beginning actual construction of a project specified in paragraph (a) of 8 this subsection, the owner or operator shall document and maintain a record of the 9 following information: 10 1. Adescription ofthe project; 11 2. Identification of the emissions units for which emissions of a regulated NSR 12 pollutant could be affected bythe project; and 13 3. A description ofthe applicability test used to determine that the project is not a 14 majormodificationforany regulated NSR pollutant, including: 15 a. Baselihe actual emissions; 16 b. Projected actual emissions; 17 c. Amount of emissions excluded in calculating projected actual emissions and an 18 explanationforwhythatamountwas excluded; and 19 d. Any applicable netting calculations. 20 (c) For a project specified in paragraph (a) ofthis subsection, the owner or operator 21 shall:

281 1. Monitor the emissions of any regulated NSR pollutant that could increase as a 2 result of the project and that are emitted by any emissions unit identified in paragraph 3 (b)2 ofthis subsection; and 4 2. Calculate and maintain a record of the annual emissions, in tons per year on a 5 calendaryear basisfor: 6 a. Five (5) yearsfollowing resumption of regular operations afterthe change; or 7 b. Ten (10) years following resumption of regular operations afterthe change ifthe 8 project increases the design capacity or potential to emit ofthe regulated NSR pollutant 9 atthe emissions unit. 10 (d) Ifthe emissions unit is an existing EUSGU, before beginning actual construction, 11 the owneroroperator: 12 1. Shall provide acopy ofthe information in paragraph (b) ofthis subsection to the 13 cabinet, but shall not be required to obtain a determination from the cabinet before 14 beginning actual construction; and 15 2. Shall submit a report to the cabinet within sixty (60) days after the end of each 16 year during which records are required to be generated under paragraph (b) of this 17 subsection that reports the unit's annual emissions during the calendar year that 18 preceded submission ofthe report. 19 (e)1. Foran existing unit otherthan an EUSGU, the owneroroperatorshall submita 20 reportto the cabinet if: 21 a. The annual emissions, in tons peryear, from a project identified in paragraph (a) 22 of this subsection exceeds the baseline actual emissions, as documented and

291 maintained pursuant to paragraph (b)3 of this subsection, by a significant amount for 2 that regulated NSR pollutant; and 3 b. The emissions differ from the preconstruction projection as documented and 4 maintained pursuantto paragraph (b)3 ofthis subsection. 5 2. The report shall be submitted within sixty (60) days after the end of the year 6 during which records are required to be generated under paragraph (b) of this 7 subsection and shall contain thefollowing: 8 a. The name, address, and telephone numberofthe majorstationarysource; 9 b. The annual emissions as calculated pursuantto paragraph (c) ofthis subsection; 10 and 11 c. Anyother informationthatthe owneroroperatorwishes to include in the report. 12 

### (f) The owner or operator ofthe source shall make the information required to be 13 documented and maintained underto this subsection available for review upon request 14 for inspection bythe cabinet orthe general public pursuantto 401 KAR 52:100. 15 Section 17. Environmental Impact Statements. Ifa proposed source or modification 16 is subject to action by a federal agency that may necessitate preparation of an 17 environmental impact statement under 42 U.S.C. 4321 to 4370d (the National 18 Environmental Policy Act), review by the cabinet conducted in accordance with this 19 administrative regulation shall be coordinated with the broad environmental reviews 20 under that Act and under 42 U.S.C. 7609 to the maximum extent feasible and 21 reasonable.

301 Section 18. Innovative Control Technology. (1) An owner oroperator ofa proposed 2 major stationary source or major modification may make a written request that the 3 cabinet approve asystem of innovative control technology. 4 (2) The cabinet may, with the consent of the governors of other affected states, 5 determine that the source or modification may employ a system of innovative control 6 technology if: 7 (a) The proposed control system will notcause orcontributeto an unreasonable risk 8 to public health, welfare, orsafety in its operation orfunction; 9 (b) The owner or operator agrees to achieve a level of continuous emissions 10 reduction equivalent to that which would have been required under Section 8(2) ofthis 11 administrative regulation byadate, specified bythe cabinetthat is not laterthan four (4) 12 years from thetime ofstart-up orseven (7) yearsfrom permit issuance; 13 (c) The source or modification shall meet requirements equivalent to those in 14 Sections 8 and 9 ofthis administrative regulation based on the emissions rate that the 15 stationary source employing the system of innovative control technology shall be 16 required to meeton the date specified bythe cabinet; 17 (d) The source or modification shall not beforethe date specified bythe cabinet: 18 1. Cause or contribute to a violation of an applicable national ambient air quality 19 standard; or 20 2. Impactan area in which an applicable increment is known to be violated; 21 (e) Section 14 of this administrative regulation relating to Class I areas has been 22 satisfied for all periods during the life ofthe source or modification; and

311 (f) All other applicable requirements including those for public participation have 2 been met. 3 (3) The cabinet shall withdraw approval to employ a system of innovative control 4 technology if: 5 (a) The proposed system fails by the specified date to achieve the required 6 continuous emissions reduction rate; 7 (b) The proposed system fails before the specified date and contributes to an 8 unreasonable riskto public health, welfare, orsafety; or 9 (c) The cabinet decides thatthe proposed system is unlikelyto achievethe required 10 level ofcontrol orto protectthe public health, welfare, orsafety. 11 (4) If a source or modification fails to meet the required level of continuous 12 emissions reduction within the specified time period or the approval. is withdrawn in 13 accordance with subsection (3) of this section, the cabinet may allow the source or 14 modification up to an additional three (3) years to meet the requirement for the 15 application of BACTthrough use ofademonstrated system ofcontrol. 16 Section 19. Permit Condition Rescission. (1)(a) An owner or operator holding a 17 permit for a stationary source or modification that contains conditions pursuant to 401 18 KAR 51:015 or51:016E may requestthatthe cabinet rescind the applicable conditions. 19 (b) An owner or operator ofa stationary source or modification who holds a permit 20 for the source or modification that was issued underthis administrative regulation as in 21 effect on July 30, 1987, or an earlier version of this administrative regulation, may 22 requestthatthe cabinet rescind the permitoraparticular portion ofthe permit.

321 (2) The cabinet shall rescind a permit condition if requested and ifthe applicant can 2 demonstrateto the satisfaction ofthe cabinetthatthis administrative regulation does not 3 applyto the source or modification orto aportion ofthe source or modification. 4 Section 20. Plant-wideApplicability Limit Provisions. The cabinet shall onlyapprove 5 the use of an actuals PAL (PAL) for an existing major stationary source if the PAL 6 meetsthe requirements ofthis section. 7 (1) General provisions. 8 (a) An owner or operator may execute a projectwithouttriggering major NSR, ifthe 9 source maintains its total source-wide emissions below the PAL level, meets the 10 requirements in this section, and complies with the PAL permit. Ifthese conditions are 11 met, aproject: 12 1. Shall not be considered a majormodification forthe PAL pollutant; 13 2. Shall not have to be approved through Kentucky's major NSR program; and 14 3. Shall not be subject to the provisions of Section 16(4) of this administrative 15 regulation concerning restrictions on relaxing enforceable emission limitations that a 16 majorstationarysource used to avoid applicability ofthe major NSR program. 17 (b) Except as provided under subparagraph (1)(a)3 of this section, a major 18 stationary source shall continue to comply with all applicable federal or state 19 requirements, emissions limitations, and work practice requirements that were 20 established priorto the effective date ofthe PAL. 21 (2) Permit application requirements. The owner or operator of a major stationary 22 source shall submit the following information to the cabinet for approval as part of an 23 applicationfor apermitor permit revision requesting a PAL:

331 (a) A list of all emissions units at the source designated as small, significant, or 2 major, based on their potential to emit; 3 (b) Identification of the federal and state applicable requirements, emissions 4 limitations, and work practice requirementsthat applyto each emissions unit; 5 (c) Calculations of the baseline actual emissions for the emissions units with 6 supporting documentation, including emissions associated with startup, shutdown, and 7 malfunction; and 8 (d) The calculation proceduresthe owneror operator proposesto use to convertthe 9 monitoring system data to monthly emissions and annual emissions based on atwelve 10 (12) month rolling total foreach month as required bysubsection (12)(a) ofthis section. 11 (3) Establishing a PAL. The cabinet shall establish a PAL at a major stationary 12 source in afederally enforceable permit pursuanttothe requirements ofthis section. 13 (a) The PAL shall impose an annual emissions limitation in tons per year that is 14 enforceable as apractical matterforthe entire majorstationarysource. 15 1. Foreach month during the PAL effective period afterthe firsttwelve (12) months 16 of establishing a PAL, the owner or operator shall demonstrate that the sum of the 17 monthly emissions from each emissions unit underthe PALforthe previoustwelve (12) 18 consecutive months is less than the PAL as a twelve (12) month average, rolled 19 monthly; and 20 2. For each month during the first eleven (11) months from the PAL effective date, 21 the owner or operator shall demonstrate that the sum of the preceding monthly 22 emissions from the PAL effective date for each emissions unit under the PAL is less 23 than the PAL.

341 (b) The PAL shall be established in a PAL permitthat: 2 1. Meetsthe public participation requirements in subsection (4) ofthis section; and 3 2. Contains all the requirements ofsubsection (6) ofthis section. 4 (c) A PAL shall include fugitive emissions, to the extent quantifiable, from all 5 emissions units that emit or have the potential to emit the PAL pollutant at the major 6 stationarysource. 7 (d) Each PALshall regulate emissions ofonly one (1) pollutant. 8 (e) Each PAL shall have a PAL effective period often (10) years. 9 

### (f) The owner or operator ofa majorstationary source with a PAL shall complywith 10 the monitoring, recordkeeping, and reporting requirements ofsubsections (11) to (13) of 11 this section foreach emissions unit underthe PALthrough the PALeffective period. 12 (g) Emissions reductions of a PAL pollutant that occur during the PAL effective 13 period shall not be creditable as decreases for offsets under40 C.F.R. 51.165(a)(3)(ii), 14 unless: 15 1. The level ofthe PAL is reduced bythe amountoftheemissions reductions; and 16 2. The reductionswill be creditable in the absence ofthe PAL. 17 (4) Public participation requirements. PALs for existing major stationary sources 18 shall be established, renewed, or increased pursuant to this subsection and the 19 applicable procedures of401 KAR 52:100. The cabinetshall: 20 (a) Provide the public with notice ofthe proposed approval ofa PAL permit with at 21 leastathirty (30) day period forsubmittal ofpublic comment; and 22 (b) Address all material comments before taking final action on a PAL permit or 23 permit revision.

351 (5) Setting the ten (10) year PAL level. 2 (a) The PAL level for a major stationary source shall be the sum of the baseline 3 actual emissions ofthe PAL pollutant for each emissions unit at the source during the 4 chosen twenty-four (24) month period plus the applicable significant level for the PAL 5 pollutant underthe definition for "significant" in 401 KAR 51:001, Section 1or under42 6 U.S.C. 7401-7671q, whichever is lower. 7 (b) In establishing a PAL level for a PAL pollutant, only one (1) consecutive twenty8 four (24) month period shall be used to determine the baseline actual emissions for all 9 existing emissions units. 10 (c)

### A different consecutive twenty-four (24) month period may be used for each 11 different PAL pollutant. 12 (d) Emissions associated with units that were permanently shut down after the 13 chosen twenty-four (24) month period shall be subtracted from the PAL level. 14 (e) Emissions from units for which actual construction began after the twenty-four 15 (24) month period shall be added to the PAL level in an amount equal to the potential to 16 emitofthe units. 17 

### (f) The cabinet shall specify a reduced PAL level in the PAL permit to become 18 effective on the future compliance date of any applicable federal or state regulatory 19 requirementthatthe cabinet is aware ofpriorto issuance ofthe PAL permit. 20 (6) Contents of the PAL permit. The PAL permit shall contain the following 21 information: 22 (a) The PAL pollutant and the applicable source-wide emissions limitation in tons 23 peryear;

361 (b) The PAL permit effective date and the expiration date of the PAL or PAL 2 effective period; 3 (c) Specification in the PAL permit that if a major stationary source owner or 4 operator applies to renew a PAL under subsection (9) ofthis section before the end of 5 the PAL effective period, the PAL shall remain in effect until a revised PAL permit is 6 issued bythe cabinet; 7 (d) A requirement that emissions calculations for compliance purposes include 8 emissionsfrom startups, shutdowns, and malfunctions; 9 (e) A requirement that, once the PAL expires, the major stationary source shall be 10 subjectto the requirements ofsubsection (8) ofthis section; 11 

### (f) The calculation procedures that the major stationary source owner or operator 12 shall use to convert the monitoring system data to monthly emissions and annual 13 emissions based on a twelve (12) month rolling total for each month as required by 14 subsection (12)(a) ofthis section; 15 (g) A requirement that the major stationary source owner or operator shall monitor 16 all emissions units in accordancewith the provisions in subsection (12) ofthis section; 17 (h) A requirement thatthe owner or operator shall retainthe records required under 18 subsection (12) ofthis section on site. Records may be retained in an electronicformat; 19 (i) A requirement for the owner or operator to submit the reports required under 20 subsection (13) ofthis section bythe required deadlines; and 21 U)Any requirements necessaryto implementand enforcethe PAL. 22 (7) PAL effective period and reopening ofa PAL permit. 23 (a) A PAL effective period shall be ten (10) years.

371 (b) The cabinetshall reopen a PAL permitto: 2 1. Correcttypographical orcalculation errors made in settingthe PAL; 3 2. Reflect a more accurate determination ofemissions used to establish the PAL; 4 3. Reduce the PAL ifthe owner or operator ofthe major stationary source creates 5 creditable emissions reductions for use as offsets under40 C.F.R. 51.165(a)(3)(ii); or 6 4. Revise the PAL to reflect an increase in the PAL according to subsection (10) of 7 this section. 8 (c) The cabinet may reopen the PAL permit, during the PAL effective period, to: 9 1. Reduce the PAL to reflect newly applicable federal requirements with compliance 10 dates afterthe PAL effective date; 11 2. Reduce the PAL consistent with any requirement enforceable as a practical 12 matterand imposed on the majorstationarysource underthe SIP; and 13 3. Reduce the PAL ifthe cabinet determines that a reduction is necessary to avoid 14 causing orcontributing to: 15 a. A NationalAmbientAir Quality Standard (NAAQS) or PSD incrementviolation; or 16 b. An adverse impact on visibility or another air quality related value that has been 17 identified for afederal Class Iarea by afederal land managerand forwhich information 18 is availableto the general public. 19 (d) All permit reopenings shall be carried out under the public participation 20 requirements of subsection (4) of this section except for permit reopenings to correct 21 typographical orcalculation oferrorsthatdo not increasethe PAL level. 22 (8) Expiration ofa PAL. A PALthat is not renewed shall expire atthe end ofthe PAL 23 effective period, and the requirements ofthis subsection shallthen apply.

381 (a) Each emissions unit, or each group of emissions units, that existed under the 2 PAL shall comply with an allowable emissions limitations under a revised permit 3 established as follows: 4 1. An owner or operator of a major stationary source using a PAL shall submit a 5 proposed allowable emissions limitation for each emissions unit, or each group of 6 emissions units, by distributing the PAL allowable emissions for the major stationary 7 source among each ofthe emissions units thatexisted underthe PAL. 8 a. This proposal shall be submitted to the cabinet at least six (6) months before the 9 expiration of the PAL permit but not sooner than eighteen (18) months before permit 10 expiration. 11 b. Ifthe PAL has not yet been adjusted for an applicable requirement that became 12 effective during the PAL effective period, as required under subsection (9)(e) of this 13 section, distribution of allowable emissions shall be made as if the PAL has been 14 adjusted. 15 2. The cabinet shall decide the date and procedure the owner or operator shall use 16 to distributethe PAL allowable emissions. 17 3. The cabinet shall issue a revised permit incorporating allowable limits for each 18 emissions unit, or each group of emissions units, as the cabinet determines is 19 appropriate. 20 (b) Each emissions unit shall comply with the allowable emissions limitation on a 21 twelve (12) month rolling basis. The cabinet may approvethe use ofmonitoring systems 22 other than CEMS, CERMS, PEMS, or CPMS if the alternate monitoring system 23 demonstrates compliancewith the allowable emissions limitation.

391 (c) The source shall continue to complywith asource-wide, multiunit emissions cap 2 equivalent to the level of the PAL emissions limitation until the cabinet issues the 3 revised permit incorporating allowable limits for each emissions unit or each group of 4 emissions units. 5 (d) A major modification at the major stationary source shall be subject to major 6 NSR requirements. 7 (e) The majorstationary source owner or operatorshall continue to comply with any 8 state or federal applicable requirements eliminated by the PAL that applied during or 9 before the PAL effective period, except for those emissions limitations established 10 pursuantto Section 16(4) ofthis administrative regulation. 11 (9) Renewal ofa PAL. 12 (a) Public participation requirements. 13 1. The cabinet shall follow the public participation procedures specified in 14 subsection (4) of this section in approving a request to renew a PAL for a major 15 stationarysource. 16 2. The cabinet shall provide awritten rationale forthe proposed PAL level for public 17 review and comment. 18 3. Any person may propose a PAL level for the source for consideration by the 19 cabinet during the public review period. 20 (b) Application deadline. 21 1. A major stationary source owner or operator shall submit an application for 22**~enewal** of a PAL at least six (6) months before the date of permit expiration but not 23 earlierthan eighteen (18) months before permitexpiration.

401 2. The deadlinefor application submittal shall ensurethatthe permit shall not expire 2 beforethe permit is renewed. 3 3. Ifacomplete application for renewal is submitted within thetimeframe specified in 4 subparagraph 1 of this paragraph, the PAL shall continue to be effective until the 5 revised permitwith the renewed PAL is issued. 6 (c) Application requirements. The application to renew a PAL permitshall contain: 7 1. The information required in subsection (2) ofthis section; 8 2. A proposed PAL level; 9 3. The sum of the potential to emit of all emissions units under the PAL with 10 supporting documentation; and 11 4. Any other information the owner or operator wishes the cabinet to consider in 12 determining the appropriate levelto renewthe PAL. 13 (d) PAL adjustment. 14 1. A PAL shall notexceed the source's potentialto emit. The cabinet shall adjustthe 15 PALdownward ifasource's potential to emit has declined belowthe PAL level. 16 2. The cabinet may renewthe PAL at the same level as the current PAL ifthe sum 17 of the baseline actual emissions for all emissions units at the source plus an amount 18 equal to the significant level is equalto orgreaterthan eighty (80) percentofthe current 19 PAL level, unlessthe sum is greaterthan the source's potential to emit. 20 3. Ifthe sum ofthe baseline actual emissions for all emissions units at the source 21 plus an amount equal to the significant level is less than eighty (80) percent of the 22 current PAL level, the cabinet may set the PAL at a different level if the level is 23 determined to be:

411 a. More representative ofthe source's baseline actual emissions; or 2 b. Appropriate considering the following factors: 3 (i) Airquality needs; 4 (ii)Advances in controltechnology; 5 (iii) Anticipated economic growth in the area ofthe source; 6 (iv) The cabinet's goal of promoting voluntaryemissions reductions; 7 (v) Costeffective emissions control alternatives; and 8 (vi) Other factors as specifically identified by the cabinet in its written rationale for 9 setting the PAL level. 10 4. The cabinet shall not approve a renewed PAL level higherthan the current PAL, 11 unless the major stationary source has complied with the provisions of subsection (10) 12 ofthis section. 13 (e) The PAL shall be adjusted in conjunction with PAL permit renewal or Title V 14 permit renewal, whichevercomesfirst, if: 15 1. The compliance date for a state orfederal applicable requirement that applies to 16 the PAL source occurs duringthe PAL effective period; and 17 2. The cabinet has notalready adjusted forthe requirement. 18 (10) Increasing a PAL during the PAL effective period. The cabinet may increase a 19 PAL emissions limitation during the PAL effective period ifthe major stationary source 20 complieswith the provisions ofthis subsection. 21 (a) Application procedures. To request an increase in the PAL limitfor a PAL major 22 modification, the owner or operator of the major stationary source shall submit a 23 completeapplication,which shall include:



### 421 1. Identification ofthe emissions units contributing to the increase in emissions that 2 causethe source's emissionsto equal orexceed its PAL; 3 2. Demonstration that the increased PAL, as calculated in paragraph (c) of this 4 subsection, exceedsthe PAL; and 5 a. The level ofcontrol that results from BACT equivalent controls on each significant 6 or major emissions unit shall be determined by conducting a new BACT analysis with 7 the application submittal, unless the emissions unit is currently required to complywith a 8 BACT or LAER requirementthatwas established within the preceding ten (10) years; 9 b. Ifan emissions unit currently complies with BACT or LAER, the assumed control 10 level forthat emissions unitshall be equal to the current level of BACT or LAER forthat 11 emissions unit; and 12 3. A statement that the increased PAL level shall be effective on the day any 13 emissions unit that is part of the PAL major modification becomes operational and 14 beginsto emitthe PAL pollutant. 15 (b) NSR permit and compliance requirement. The owner or operator shall obtain a 16 major NSR permitforall emissions units contributing to the increase in emissionsforthe 17 PAL majormodification. 18 1. A significant level shall not apply in deciding for which emissions units a major 19 NSR permitshall be obtained; and 20 2. Emissions units that obtain a major NSR permit shall comply with any emissions 21 requirements resulting from the major NSR process, even though the units shall also 22 become subjectto the PAL orshall continueto be subjectto the PAL.

431 (c) Calculation of increased PAL. The cabinet shall calculate the new PAL as the 2 sum ofthe allowable emissions for each modified or new emissions unit, plus the sum 3 ofthe baseline actual emissions ofthe significant and major emissions units assuming 4 application of BACT equivalent controls, plus the sum ofthe baseline actual emissions 5 ofthe small emissions units. 6 (d) Public notice requirement. The public notice requirements of subsection (4) of 7 this section shall befollowed during PAL permit revision for an increased PAL level. 8 (11) Monitoring requirementsfor PALs. 9 (a) General requirements. 10 1. Each PAL permit shall contain enforceable requirements for the chosen 11 monitoring system that accurately determines plant-wide emissions ofthe PAL pollutant 12 in terms ofmass per unitoftime; 13 2. A monitoring system authorized for use in the PAL permitshall be: 14 a. Approved bythe cabinet pursuantto this subsection; and 15 b. Based on sound science and meet generally acceptable scientific procedures for 16 data qualityand manipulation; 17 3. The data generated by a monitoring system shall meet minimum legal 18 requirementsfor admissibility in ajudicial proceeding to enforcethe PAL permit; 19 4. The PAL monitoring system shall employ one (1) or more ofthe four (4) general 20 monitoring approaches meeting the minimum requirements setforth in paragraph (b) of 21 this subsection; 22 5. The cabinet may approve an alternative monitoring approach that meets the 23 requirements ofsubparagraphs 1to 3ofthis paragraph; and

441 6. Failure to use a monitoring system that meets the requirements ofthis section 2 shall renderthe PAL invalid. 3 (b) Minimum performance requirements for approved monitoring approaches. If 4 conducted in accordance with the minimum requirements in paragraphs (c) to (i) ofthis 5 subsection, the following shall be acceptable monitoring approaches: 6 1. Mass balance calculationsforactivities using coatings orsolvents; 7 2. GEMS; 8 3. GPMS or PEMS; and 9 4. Emission factors. 10 (c) Mass balance calculations. An owner or operator using mass balance 11 calculations to monitor PAL pollutant emissions from activities using coatings or 12 solvents shall:

· 13 1. Provide a demonstrated means of validating the published content of the PAL

14 pollutantcontained in orcreated byall materials used in oratthe emissions unit; 15 2. If the PAL pollutant cannot be accounted for in the process, assume that the 16 emissions unitemits all ofthe PAL pollutant contained in orcreated by any raw material 17 orfuel used in oratthe emissions unit; and 18 3. Ifthe vendorofthe material orfuel from which the pollutantoriginates publishes a 19 range, use the highestvalue ofthe published range of pollutant contentto calculate the 20 PAL pollutant emissions, unless the cabinet determines there is site-specific data or a 21 site-specificmonitoring program to supportanother pollutant contentwithin the range. 22 (d) GEMS. An owner or operator using GEMS to monitor PAL pollutant emissions 23 shall meetthefollowing requirements.:

·451 1. CEMS shall complywith applicable performance specificationsfound in 40 C.F.R. 2 Part60, Appendix B; and 3 2. CEMS shall sample, analyze, and record data at least every fifteen (15) minutes 4 whilethe emissions unit is operating. 5 (e) CPMS or PEMS. An owner or operator using CPMS or PEMS to monitor PAL 6 pollutantemissions shall meetthe following requirements: 7 1. The CPMS or the PEMS shall be based on current site-specific data 8 demonstrating a correlation between the monitored parameter and the PAL pollutant 9 emissions across the range ofoperation ofthe emissions unit; and 10 2, While the unit is operating, each CPMS or PEMS shall sample, analyze, and 11 record data at least every fifteen (15) minutes, or at another less frequent interval if 12 approved bythe cabinet. 13 (f) Emission factors. An owner or operator using emission factors to monitor PAL 14 pollutantemfssions shall meetthe following requirements: 15 1. All emission factors shall be adjusted, ifappropriate, to accountforthe degree of 16 uncertaintyor limitations in thefactors' development; 17 2. The emissions unit shall operate within the designated range of use for the 18 emissionfactor, ifapplicable; and

. 19 3. The owner or operator of a significant emissions unit that relies on an emission 20 factorto calculate PAL pollutant emissions shall conductvalidation testing to determine 21 asite-specificemission factorwithin six (6) months of PAL permit issuance ifthe cabinet 22 determinesthatthe testing is required and technically practicable.



### 461 (g) A source owneroroperatorshall record and report maximum potential emissions 2 without considering enforceable emissions limitations or operational restrictions for an 3 emissions unit during any period of time there is no monitoring data, unless another 4 method fordetermining emissions during such periods is specified in the PAL permit. 5 (h) If an owner or operator of an emissions unit cannot demonstrate a correlation 6 between the monitored parameters and the PAL pollutantemissions rate atall operating 7 points ofthe emissions unit, as an alternative to the requirements of paragraphs (c) to 8 (g) ofthis subsection, in conjunction with permit issuancethe cabinetshall: 9 1. Establish default values for determining compliance with the PAL based on the 10 highest potential emissions reasonably estimated at operating points; or 11 2. Determinethat operation ofthe emissions unit during operating conditions ifthere 12 is notacorrelation between monitored parameters and the PAL pollutant emissions is a 13 violation ofthe PAL. 14 (i) Revalidation. All data used to establish the PAL pollutant shall be revalidated 15 through performance testing or other scientifically valid means if approved by the 16 cabinet. Validation testing shall occurat leastonce everyfive (5) years after issuance of 17 the PAL. 18 (12) Recordkeeping requirements. 19 (a) The PAL permit shall require an owner or operatorto retain acopy ofall records 20 necessaryto determine compliancewith any requirement ofthis section and ofthe PAL, 21 including a determination of each emissions unit's twelve (12) month rolling total 22 emissionsforfive (5) yearsfrom the date ofthe determination.



### 471 (b) The PAL permit shall require an owner or operator to retain a copy of the 2 following records forthe duration ofthe PAL effective period plusfive (5) years: 3 1. A copy of the PAL permit application and any applications for revisions to the 4 PAL; and 5 2. Each annual certification of compliance pursuant to Title V and the data used to 6 certify compliance. 7 (13) Reporting and notification requirements. The owner or operator shall submit 8 semiannual monitoring reports and prompt deviation reports to the cabinet in 9 accordance with 401 KAR 52:020, 52:030, and 52:040 that meet the following 10 requirements: 11 (a) Semiannual report. The semiannual report shall be submitted to the cabinet 12 within thirty (30) days ofthe end ofeach reporting period and shall contain: 13 1. The identification ofownerand operatorand the permit number; 14 2. Total annual emissions, in tpy, based on atwelve (12) month rolling total for each 15 month in the reporting period recorded pursuantto subsection (12)(a) ofthis section; 16 3. All data used in calculating the monthly and annual PAL pollutant emissions, 17 including anyqualityassurance orquality control data; 18 4. A list of any emissions units modified or added to the major stationary source 19 duringthe preceding six (6) month period; 20 5. The number, duration, and cause of any deviations or monitoring malfunctions, 21 other than the time associated with zero and span calibration checks, and any 22 corrective action following adeviation;

481 6. A notification of permanent or temporary shutdown of any monitoring system 2 including: 3 a. The reason forthe shutdown; 4 b. The anticipated date that the monitoring system shall be fully operational or shall 5 be replaced with another monitoring system; 6 c. If applicable, a statement that the emissions unit monitored by the monitoring 7 system continued to operatewithoutthe monitoring system; and 8 d. The calculation of the emissions of the pollutant or the number determined 9 accordingto subsection (11)(g) ofthis section that is included in the permit; and 10 7. A signed statement by the responsible official, as defined by 401 KAR 51:001, 11 Section 1(210), certifying the truth, accuracy, and completeness of the information 12 provided in the semiannual report. 13 (b) Deviation report. The major stationary source owner or operator shall submit 14 reports of any deviation or exceedance of the PAL requirements, including periods 15 monitoring is unavailable. 16 1. 

### A report submitted pursuant to 40 

### C.F.R. 70.6(a)(3)(iii)(B) shall satisfy the 17 deviation reporting requirement; 18 2. The deviation report shall be submitted within the time limits prescribed by 40 19 

### C.F.R. 70.6(a)(3)(iii)(B); 20 3. The deviation report shall contain thefollowing information: 21 a. The identification ofthe owner, the operator, and the permit number; 22 b. The PAL requirementthatexperiencedthe deviation orthatwas exceeded; 23 c. Emissions resulting from the deviation orthe exceedance; and

491 d. A signed statement by the responsible official, as defined by 401 KAR 51:001, 2 Section 1(210), certifying the truth, accuracy, and completeness of the information 3 provided in the report. 4 (c) Revalidation results. The owner or operator shall submit to the cabinet the 5 results ofany revalidation test or method within three (3) months after completion ofthe 6 testor method. 7 (14) Transition requirements. 8 (a) Afterthe U.S. EPA approves the Kentucky SIP revisions for the PAL provisions 9 published in 67 Fed. Reg. 80186, December 31, 2002, the cabinet shall only issue a 10 PALthatcomplieswith the requirements ofthis section. 11 (b) The cabinet may supersede a PAL thatwas established beforeAugust 10, 2006, 12 with adifferent PAL ifthe new PAL complieswith the requirements ofthis administrative 13 regulation.

50Date Leonard K. Peters, Secretary Energyand Environment Cabinet



### 51PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on July 24, 2012, at 10:00 a.m. (local time) in Conference Room 201Bon the firstfloor ofthe Division forAir Quality at 200 Fair Oaks Lane, Frankfort, Kentucky. Individuals interested in being heard at this hearing shall notify this agency five (5) workdays prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person whowishes to be heard shall be given an opportunityto comment on the proposed administrative regulation. Ifyou do notwish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until close ofbusiness on July 31, 2012. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person listed below. The hearing facility is accessible to persons with disabilities. Requests for reasonable accommodations, including auxiliary aids and services necessary to participate in the hearing, may be made to the contact person at least five (5) workdays prior to the hearing. CONTACT PERSON: Laura Lund, Environmental Technologist Ill, Division for Air Quality, 151 Floor, 200 Fair Oaks Lane, Frankfort, Kentucky40601, telephone (502) 564- 3999, ext. 4428, fax (502) 564-4666, and electronic mail Laura.Lund@ky.gov.

52REGULATORY IMPACTANALYSIS AND TIERING STATEMENT Administrative Regulation#: 401 KAR 51:017 Contact person: Laura Lund, EnvironmentalTechnologist Ill (1) Provide a briefsummaryof: (a) Whatthis administrative regulation does: This administrative regulation provides forthe prevention ofsignificant deterioration (PSD) ofambient air quality, and applies to major stationary sources and major modifications constructing in areas that are maintaining the National AmbientAir Quality Standards (NAAQS). (b) The necessity of this administrative regulation: This administrative regulation is necessary to continue to receive full approval of the PSD program into the Kentucky State Implementation Plan (SIP) and remain the PSD permitting authority. (c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 224.10-100(5) requires the cabinet to promulgate administrative regulations for the prevention, abatement, and control of air pollution. This administrative regulation conforms to 42 U.S.C. 7470, which authorizesthefederal PSD program. (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation establishes the requirements for issuing permits to stationary sources in areaswhere the NAAQS have been attained. (2) Ifthis is an amendment to an existing administrative regulation, provide a briefsummary of: (a) How the amendment will change this existing administrative regulation: This amendment reflects revisions to the PSD program at the federal level to address the PM2.5 NAAQS. This amendment includes maximum allowable increases for PM2.6 in Class I and II areas at annual and 24-hour levels. This amendment also includes de minimis levels to preclude further evaluation for sources emitting or increasing their emissions by an amount lessthan the airquality impact levelsfor PM2.6· (b) The necessity ofthe amendmentto this administrative regulation: These amendments are necessary to ensure consistency between state and federal programs. (c) How the amendment conforms to the content of the authorizing statutes: 42 U.S.C. 7410(a)(1) requires each state to adopt and submit a plan providing forthe implementation, maintenance, and enforcement ofa NAAQS. This amendment contains implementation tools for the maintenance and attainment ofthe NAAQS. KRS 224.10-100(5) requires the Cabinet to provide for the prevention, abatement, and control of air pollution. This amendment maintains consistency with corresponding federal requirements.



### 53(d) How the amendment will assist in the effective administration of statutes: This amendment incorporates implementation elements relating to PM2.6. as required by 40 C.F.R. 51.166, and eliminates regulatory uncertainty betweenthe state and federal programs. (3) Listthe type and numberofindividuals, businesses, organizations, orstate and local governments affected by this administrative regulation: Any new majorstationarysource orany project at an existing majorstationary source that commences construction after September 22, 1982, and locates in an area designated attainment or unclassifiable is affected by this administrative regulation. (4) Provide an assessment of howthe entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change if it is an amendment: Amendments to the current regulation include the permitting elements relating to PM2

.5 emissions. Entities subject to this regulation are to provide PM2

.5 emissions data and demonstrate thatthe projectemissions do notcause orcontributeto aviolation ofthe NAAQS

.

.In the past, DAQ has used PM10 as a surrogate for PM2.5 dueto inadequate test

methods and the lack of implementation elements. However, the U.S. EPA has determined that the appropriate data and technology are now available and the use ofthe PM1osurrogacy policy is no longerallowed. (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: Affected facilities' permit applications will be required to provide emissions data for PM2.5 and demonstrate that the project's emissions do not cause or contribute to a violation ofthe PM2.5 NAAQS. (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): Affected facilities will incur the cost necessary to obtain a permit that includesan evaluation of PM2

.5emissions. (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): When operating in compliance, the affected facilities will not be subject to enforcement actions and penalties. Furthermore, compliance with the Clean Air Act requirements preserves and improves airqualitythroughoutthe Commonwealth. (5) Provide an estimate of how much it will cost the administrative body to implementthis administrative regulation: (a) Initially: The Cabinet will not incur any additional costs for the implementation ofthis administrative regulation. (b) On a continuing basis: There will not be any additional continuing costs forthe implementation ofthis administrative regulation. (6) What is the source of the funding to be used for the implementation and



### 54enforcement of this administrative regulation: The Cabinet's current operating budget will be used for the implementation and enforcement of this administrative regulation. (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it'is an amendment. No increase in fees or funding is necessary to implementthis administrative regulation amendment. (8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees. This administrative regulation does notestablish, nordirectly or indirectly increase, anyfees. (9) TIERING: Is tiering applied? Yes. This administrative regulation only applies to new major stationary sources, or an existing major stationary source with a project, that commences construction afterSeptember22, 1982, and is located in an area designated attainmentor unclassifiable.



### 55FEDERAL MANDATEANALYSIS COMPARISON 1. Federal statute or regulation constituting the federal mandate. As a SIPapproved state for the PSD program under 40 CFR 51.166, recent changes in the federal PSD program make it necessaryto revise this regulation to maintain federal approvability. 42 U.S.C. 7410(a)(1) requires Kentucky to adopt and submit a plan providingforthe implementation, maintenance, and enforcementofa NAAQS. 2. State compliance standards. The state compliance standards are found in KRS 224.10-100(5). 3. Minimum or uniform standards contained in the federal mandate. The Clean AirAct requires applicable sources demonstratethat any majorconstruction or major modification will not cause emissions to cause or contribute to a violation of the NAAQS. 40 C.F.R. 51.166 is the federal rule that provides the framework to establish a plan and requirements necessary to receive full approval into the Kentucky SIP. 4. Will this administrative regulation impose stricter requirements, or additional ordifferentresponsibilities or requirements, than those required by the federal mandate? No. This regulation is no more stringentthan the federal rule, codified in 40 C.F.R. 51.166, and no more stringentthan thefederal mandate established by42 U.S.C. 7401-7626. 5. Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements. Stricter standards and requirements are not imposed.

56FISCAL NOTE ON STATE OR LOCALGOVERNMENT Administrative Regulation#: 401 KAR 51:017 ·Contactperson: Laura Lund, EnvironmentalTechnologist Ill

1. Does this administrative regulation relate to any program, service, or requirements of a state or local government (including cities, counties, fire departments, orschooldistricts)? Yes. 

### 2. What units, parts or divisions ofstate or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? The Division for Air Quality will continue to implement and enforce the PSD program. Also, state and local governments constructing or modifying a major stationary source in an area classified as attainment or unclassifiedwill be impacted bythis administrative regulation. 

### 3. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 2'24.10- 100(5), (26); 40 CFR 51.166; and 42 U.S.C. 7401-7671q. 

### 4. Estimate the effect ofthis administrative regulation on the expenditures and revenues ofastate orlocal governmentagency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation isto be ineffect. (a) How much revenue willthis administrative regulation generateforthe state or local governme.nt (including cities, counties, fire departments, or school districts)forthefirstyear? This administrative regulation generates no revenue. (b)·How much revenue will this administrative regulation generateforthe state or local government (including cities, counties, fire departments, or school districts) for subsequent years? This administrative regulation generates no revenue. (c) How much will it cost to administer this program for the first year? The Cabinet's existing operating budget is the source offunding for the implementation ofthis program. (d) Howmuchwill itcosttoadministerthis programforsubsequentyears? There will be no additional costsforadministeringthis program in subsequentyears. Note: Ifspecific dollarestimates cannot be determined, provide a briefnarrative to explainthefiscal impacts oftheadministrative regulation. Revenues(+/-): There is no known effecton current revenues. Expenditures (+/-): There is no known effecton currentexpenditures. Other Explanation: There is nofurtherexplanation.

57