NOTICE OFPUBLICHEARING KENTUCKY DMSIONFORAIR QUALITY TOREVISEKENTUCKY'S STATEIMPLEMENTATIONPLANAND AIR QUALITY REGULATIONS The Kentucky Energy and Environment Cabinet will conduct a public hearing on August 24,2010, at 2:00 p.m. (local time) in ConferenceRoom 201B ofthe Division for Air Quality, 200 Fair Oaks Lane, Frankfort, Kentucky. This hearing willbe held to receive comments on the followingproposed administrative regulations: 401 KAR 51:OOl. Definitions for 401 KAR Chapter 51. (Amendment) 401 KAR 52:001. Definitions for 401KAR Chapter52. (Amendment) These amendments propose to revise the definitions of terms used in Kentucky's Prevention of Significant Deterioration (PSD), New Source Review (NSR), and Title V regulations. The adoption of these revisions is necessary in order for Kentucky's programs to be consistent with those at the federal level and for Kentucky to continueto receive full delegationofauthority of theNSR program. This hearing is open to the public and all interested persons will be given the opportunity to present testimony. To assure that all comments are accurately recorded, the Division requests that oral comments presented at the hearing are alsoprovided in written form, if possible. Written commentsmust be received by close ofbusiness on August 31, 2010, to be considered part of the hearing record. The Energy and Environment Cabinet does not discriminateon the basis ofrace, color, national origin, sex, age, religion, or disability and provides,upon request, reasonable accommodation including auxiliary aids and services necessary to afford an individual with a disability an equal opportunityto participatein all services,programs, and activities. The full texts of the proposed regulations are available for public inspection and copying during regular business hours (8:OO a.m. to 4:30 p.m., local time) at the locations listed below. Any individual requiring copies may submit a request to the Divisionfor Air Quality in writing, by telephone,by FAX, or e-mail. Requests for copies should be directed to the contact person. The proposed administrative regulations can be accessed at: httv://www.lrc.state.ky.us/KAR~TITLE40 1.htm. CONTACT PERSON:Laura Lund, Environmental Technologist 11, Regulation Development Section, Division for Air Quality, 1" Floor, 200 Fair Oaks Lane, Frankfort, Kentucky 40601. Phone number: (502) 564-3999, ext. 4428; faxnumber: (502) 564-4666; e-mail: Laura-Lund@ky.gov.

LouisvilleMetroAPCD AshlandRegional Bowling GreenRegional 850BarretAve # 205 1550WolohanDr # 1 1508WestenAve Louisville, KY 40204 Ashland, KY 41102 Bowling Green,KY 42 104 Florence Regional Frankfort Regional 8020 Veterans MemorialDr 200 Fair Oaks Ln. Suite 110 3rd Floor Florence,KY 41042 Frankfort, KY 40601 Hazard Regional 233 Birch St Suite2 Hazard, KY 41701 LondonRegional 875 SMain St London,KY 40741 Fayette County Clerk 162EMain St Lexington, KY 40507 OwensboroRegional PaducahRegional 3032Alvey ParkDr W 130 EagleNest Dr Suite700 Paducah, KY 42003 Owensboro,KY 42303 HardinCounty Clerk Henderson County Clerk Hardin Co Courthouse Henderson Co Courthouse Elizabethtown, KY4270 1 Henderson,KY42420

### (3) "Actuals PAC' or "PAL" isdefined bv40 C.F.R. 51.166(w)(2)(i). (4) "Adverse impact on visibilitv" isdefined bv40 C.F.R. 51.301. (5) "Affected facilitv" means an apparatus, building, operation, road, or other entitv

or series of entities that emits or mav emit an air contaminant into the outdoor atmosphere. (6) "Air contaminant" is defined bv KRS 224.01-010(1). 

### (7) "Air pollutant"means air contaminant. (8) "Air pollution" is defined bv KRS 224.01-010(3). (9) "Air pollution control equipment" means a mechanism, device, or contrivance used to control or prevent air pollution, that is not, aside from air pollution control laws and administrative requlations, vital to production of the normal product of the source or to its normal operation. (10) "Allocate" or "allocation" is defined bv40 C.F.R. 96.2. (11 ) 

### "Allocation period" meanseach three (3)vear period beginning Mav 1,2004. (1

2) "Allowable emissions" isdefined bv: (a) 40 C.F.R. 51.166(b)(16); or (b) 40 C.F.R. 51.166(w)(2)(ii)for an actuals PAL. (1 3) "Alteration" means: (a) The installationor replacement of air pollution control equipmentat a source; or (b) A phvsical chanqe in or change in the method of operation of an affectedfacilitv that increases the potentialto emit a pollutant, to which 

### a standard applies, emitted by the facilitv or that results in the emission of an air pollutant, to which a standard applies, not ~reviouslv emitted.

### (14) "Alternative method" is defined bv 40 C.F.R. 60.2. For purposes of this definition. "administrator" means both the U.S. 

### EPA and the cabinet. (15) "Ambient air" is defined bv40 C.F.R. 50.1(e). (16) "Ambient air quality standard" means a numerical expression of a specified concentration levelfor a particular air contaminant and the time averaging interval over which that concentration level is measured and is a qoalto be achieved in a stated time throuah the a~plication of appropriate preventive or control measures. (17) "ANSI" means American National Standards Institute. (1 8) 

### "AOAC" means Association of OfficialAnalvtical Chemists. (19) "ASTM" meansAmerican Societvfor Testing and Materials. (20) "Baseline actual emissions" isdefined bv40 C.F.R. 51.166(b)(47). (21) "Baseline area" is defined bv40 C.F.R. 51.166(b)(15). (22) "Baseline concentration" is defined bv40 C.F.R. 51 .I 

### 66(bMl3). (23) "Baseline date" means maior 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 D~ODOS~~ 

### source or modificationwould construct is designated as attainment or unclassifiable pursuant to 42 U.S.C. 7407(d)(l)(A)(ii) or (iii) for the pollutant on the date of the source's com~lete application; and (a) 

### For a maior stationary source, the pollutant would be emitted in sianificant amounts; or (b) For a maior modification, there would be 

### a significant net emissions increase of the pollutant.(24) "Begin actual construction" is defined bv40 C.F.R. 51.166(b)(lI). (25) "Best available control technologv" or "BACT" is defined bv 40 C.F.R. 51.166(b)(12). (26) "BOD" means biochemicaloxidant demand. (27) "Boiler" is defined bv40 C.F.R. 96.2. (28) "BTU" means Britishthermal unit. (29) "Building,structure,facility, or installation" is defined bv40 C.F.R. 51.166(b)(6). (30) "C" means deqree Celsius (centigrade). (31) "Cabinet" is defined bv KRS 224.01-010(9). (32) "Cal" means calorie. (33) "Capitalexpenditure" is defined bv40 C.F.R. 60.2. (34) "cfm" means cubic feet per minute. (35) "CH; means methane. (36) "Clean coaltechnologv" isdefined bv40 C.F.R. 51.166(b)(33). (37) "Clean coal technoloqv demonstration project" is defined bv 40 C.F.R. 51.166(b)(34). (38) "Clinker" means the product of a portland cement kiln from which finished cement is manufacturedbv milling and grinding. (39) "COW means carbon monoxide. (40) "C0~1 means carbon dioxide. (41) "COD" means chemical oxidantdemand. (42)"Combined cvcle svstem" is defined bv40 C.F.R. 96.2. (43) "Combustion turbine" is-definedbv40 C.F.R. 96.2.(44) "Commence": (a) Means that an owner or operator has undertaken a continuous program of construction, modification, or reconstruction of an affected facilitv, or that an owner or operator has entered into a contractual obligationto undertake and complete, within a reasonable time, a continuous proqram of construction, modification, or reconstruction of an affected facilitv; or (b) Isdefined bv40 C.F.R. 51.166(b)(9) for the PSD or NSR program. (45) "Commence commercialoperation" is defined bv40 C.F.R. 96.2. (46) "Commence operation" is defined by40 C.F.R. 96.2. (47) "Complete" is defined bv40 C.F.R. 51.166(b)(22). (48) "Compliance schedule" means a time schedule of remedial measures including

an enforceable sequence of actions or operations leadingto compliancewith a limitation

or standard. (49) "Compliance supplement pool" meansthe quantitv of NOx allowances provided to Kentucky bvthe U.S. EPAto be: (a)Allocated to NOx budget units that achieve earlv reduction; or (b) Used to assist NOx budget sources that are unable to meet the compliance deadline as provided in 401 KAR 51

### :180, Section 5. (50) "Construction": (a) Means fabrication, erection, installation, or modification of an air contaminant source; or (b) Isdefinedfor use inthe PSD or NSR program bv 40 C.F.R. 51.166(bM8). (51) "Continuous emissions monitoringsvstem" or "CEMS" is defined bv:1 (a) 40 C.F.R. 51.166(b)(43)for 401 KAR 51:017; or 2 (b) 40 C.F.R. 51.165(a)(l)(xxxi) for 401 KAR 51:052. 

### 3 (52) "Continuous emission monitorinq system for NOx" or "CEMS for NOx" is 4 defined bv 40 C.F.R. 96.2. (53) "Continuous emissions rate monitoring svstem" or "CERMS" is defined bv 

### 40 C.F.R. 51.l66(b)(46). (54) "Continuous monitorinq svstem" meansthe total equipment, required under the applicable administrative requlations in 401 KAR Chapters 50 to 65, used to sample, to condition (if applicable),to analyze, and to provide a permanent record 

### of emissions or process parameters. (55) "Continuous parameter monitoringsvstem" or "CPMS" is defined bv: (a) 40 C.F.R. 51.l66(b)(45) for 401 KAR 51:017; or (b) 40 C.F.R. 5l.l65(a)(l)(xxxiii) for 401 KAR 51:052. (56) "Control period" is defined bv 40 C.F.R. 96.2. (57) "Director" means Director of the Division for Air Qualitv of the Enernv and EnvironmentCabinet. (58) "District" is defined bv KRS 224.01-OlO(11). (59) "dscf' meansdn/ cubic feet at standard conditions. (60) "dscm" means dn/ cubic meter at standard conditions. (61) "Electric qeneratinq unit" means, for 401 KAR 51:I60to 51:195, a fossil fuelfired boiler, combustion turbine, or a combined cvcle svstem used to generate twentvfive (25) meqawattsor more of electricitv, some of which is offeredfor sale.

### 1 (62) "Electric utilitv steam qeneratinq unit" or "EUSGU" is defined bv 40 C.F.R. 2 51.166(b)(30). 3 (63) "Emission standard" means that numerical limit that fixes the amount of an air 4 

### contaminant or air contaminants that mav be vented into the atmosphere from an 5 affectedfacilitv or from air pollution control equipment installed in an affectedfacilitv. 6 (64) "Emissions unit" isdefined bv: 

### 7 (a)40 C.F.R. 51.166tb)(7)for 401 KAR 51:017; or 8 (b) 40 C.F.R. 51.165(a)(l)(vii)for 401 KAR 51:052. 9 (65) "Enforceable as a practical matter" meansthat the emission or other standards contained in a permit or compliance schedule include: (a) Technically accurate emission standards and the portions of the source that are subiectto the standards; (b) A 

### time periodadequateto demonstrate compliancewith thestandards; and (c) 

### The method the source shall use to achieve and demonstrate compliance with the limitations and standards, includinq appropriate monitoring, recordkeepina and re~ortinq. (66) "Equivalent method" is defined by 40 C.F.R. 60.2. For purposes of this definition, "administrator" means both the 

### U.S. EPA 

### and the cabinet. (67) "Excess NOx emissions" is defined bv

### 40 C.F.R. 96.2. (68) "Exempt compound" or "exempt solvent" means an organic compound listed in the definition of volatile orqanic compound as not participating in atmospheric photochemical reactions. 23 (69) "Existing source" means a source that is not a new source.

7(70) "Extreme nonattainment countv" or "extreme nonattainment area" means a countv or portion of 

### a countv desiqnated extreme nonattainment for the national ambient air qualitvstandardfor ozone. (71) "OF" means degree Fahrenheit. (72) "Federal land manaqer" isdefined bv40 C.F.R. 51.166(b)(24). (73) "Federallvenforceable" is defined bv 40 C.F.R. 51.l66(b)(l7). For purposes of this definition, "administrator"meansthe U.S. EPA. (74) "Federallv-enforceable permit" means a permit issued under 401 KAR 52:020

or 52:030, as appropriate. (75) "Fixed capital cost" is defined bv40 C.F.R. 51.166(b)(55). (76) "Fossilfuel" is defined bv40 C.F.R. 96.2. (77) "Fossilfuelfired" is defined bv 40 C.F.R. 96.2. (78) "ft" meansfeet or foot. (79) "Fuel" means natural qas; petroleum; coal; wood; or a form of solid, liquid, or gaseousfuel derived from these materialsfor the purposeof creatinq useful heat. (80) "Fuqitiveemissions": (a) Means those emissions that could not reasonablv pass throuqh a stack, chimnev, vent, or otherfunctionallvequivalentopening; (b) Is defined bv40 C.F.R. 51.166(b)(20) for 401 KAR 51:017; or (c) 

### IS defined bv 40 C.F.R. 51.165(a)(I)(ix)for 401 KAR 51:052. (81 ) "q" means qram. (82) "qal" means qallon. (83) "Generalfund" is defined bv KRS 48.01O(15Ma).(84) "Generator" is defined by40 C.F.R. 96.2. (85) "qr" means grain. (86) "HCI" means hvdrochloric acid. (87) "Heat input" is defined bv 40 C.F.R. 96.2. For purposes of this definition, "administrator" meansthe cabinet. (88) "HF" means hvdrogenfluoride. (89) "Ha" means mercuw. (90) "High terrain" is defined bv 40 C.F.R. 51.166(b)(25). (91) "hr" means hour.

(92) "Hvdrocarbon" means an orqanic compound consisting predominantlv of carbon and hvdrogen. (93) "Hvdrocarbon combustionflare" means: (a) A flare used to complv with an applicable New Source Performance Standard INSPSI or Maximum Achievable Control Technoloqv (MACT) standard, including uses of flares during startup, shutdown, or malfunctionpermitted underthe standard; or (b) A flare that serves to control emissions of waste streams comprised predominatelv of hvdrocarbons and containina no more than 230 uqldscm hvdrogen sulfide. (94) "H7OW means water. 

### (95)s'' means hvdroaensulfide. (96) "H7S04 - - meanssulfuric acid. (97) "in" means inch.

### (98) "Incineration" meansthe process of igniting and burningsolid, semisolid, liquid,

or gaseous combustiblewastes. (99) "Industrial boiler or turbine" means a fossil fuel-fired boiler, combustion turbine,

or a combined cvcle system having a maximum desiqn heat input of 250 MMBTU Der hour or more that is not an electric generating unit. (1 00) "Innovative controltechnoloqv" is defined bv40 

### C.F.R. 5l.l66(b)(l9). (101) "Intermittent emissions" means emissions of particulate matter into the open air from a processthat operates for less than anv six (6)consecutive minutes. (102) "J" means ioule. (103) "Kg" means kilogram. (104) 

### "I" means liter. (105) "lb" means pound. (106) "Lenallv enforceable" means the cabinet or the U.S. 

### EPA has the authoritvto enforce a certain restriction. (107) "Long drv kiln" means a kiln that emplovs no preheating of the feed and has a drv inletfeed. (108) "Long wet kiln" means a kiln that emplovs no preheating of the feed and the inletfeed to the kiln is a slurrv. (109) "Lowterrain" means an area other than highterrain. (110) "Lowest achievable emissions rate" or 

### "LAER is defined bv 40 C.F.R. 51.165(a)(I )(xiii). (II I)"m" means meter. 

### (112) "my means cubic meter.(113) "Maior emissions unit" is defined by40 C.F.R. 5l.l66(w)(2)(iv). (114) "Maior modification" is defined bv: (a) 40 C.F.R. 51.166(b)(2)for 401 KAR 51:017; or (b) 40 C.F.R. 51.l65(a)(l)(v)for 401 KAR 51:O52. (115)"Maior NSR permit" means a permit issued under Kentuckv's PSD or NSR proaram. (116) "Maior source" is defined bv 40 C.F.R. 70.2. For purposes of chapter 51, "subiectto regulation'' is defined bvthis administrative regulation. (117)"Maior source baseline date" is defined bv40 C.F.R. 51.166(b)(14)(i) and (iii). (118)"Maior stationarvsource" is defined bv: (a) 40 C.F.R. 51.l66(b)(l)for 401 KAR 51:017; or (b) 40 C.F.R. 51.165(a)(l)(iv)(A)(1)for 401 KAR 51:052. (119) "Malfunction" is defined bv40 C.F.R 60.2. (120) "Mandatorv Class I area" means an area identified in 40 C.F.R. Part 81, Subpart 

### D, if the administratorof the U.S. EPA, in consultationwith the Secretarv of the United States Departmentof Interior, has determinedvisibilitvto be an importantvalue. (121) "Marqinal nonattainment countv" or "marginal nonattainment area" means a countv or portion of a countv designated marginal nonattainment for the national ambient air aualitv standardfor ozone. (122) "Maximum design heat input" is defined bv 40 C.F.R. 96.2. (123) "Maximum potential hourlv heat input" is defined bv40 C.F.R. 96.2. (124) "Maximum potential NOx emission rate" is defined bv40 C.F.R. 96.2. (125) "Maximum rated hourlv heat input" is defined bv40 C.F.R. 96.2.1 (1 26) "~cf means microgram. 2 (127) "ma" means milligram. 3 (128) "Mid-kiln firinq" meansthe secondamfiring in kilns by iniectingsolid fuel at an 4 intermediate point in the kiln usinq a speciallv desiqned feed iniection mechanism for 

### 5 the purpose of decreasinq NOx emissionsthrouah: 6 (a) Burning part of the fuel at a lowertemperature: and 7 (b) Reducina-conditions at the solid waste iniection point that mav destrov some of 

### 8 the NOxformed upstream in the kiln burningzone. 9 (129) "min" means minute. 10 (130) "Minor source baselinedate" is defined bv40 C.F.R 51.166(b)(14Mi) 

### - (iv). 11 (1 31) "MJ" means megaiouies. 12 (1 32) "mm" means millimeter. 13 (133) "MM" means million. 14 (134) "mo" means month. 15 (1 35) "Moderate nonattainment county" or "moderate nonattainment area" means 

### a 16 countv or portion of a countv designated moderate nonattainment for the national 17 ambient air aualitv standard for ozone. 18 (136)(a) "Modification"is defined bv40 C.F.R 60.2. 19 (b) Exceptionsto the definition of "modification" are listed in 40 C.F.R 60.14(e). For 20 purposesof this definition, "administrator" meansthe cabinet. 

### 21 (137) "Monitoring device" means the total equipment, required bv an applicable 22 administrative regulation in 401 

### KAR Chapters 50 to 65, used to measure and record, if 23 applicable, process parameters.(138) "Monitoring svstem" means a monitoring svstem that meets the requirements of 40 C.F.R. Part 96. (1 39) "MWe" means megawattelectrical. (140) 'IN2 means nitroaen. (141) "Nameplate capacity" is defined bv40 C.F.R. 96.2. (142) "Natural conditions" means those naturallv occurrina phenomena that reduce visibilitv as measured interms of visual range, contrast,or coloration. (143) "Necessaw preconstruction approvals or permits" is defined bv 40 C.F.R. 51.166(b)(lO). (144Ma) "Net emissions increase" means, for anv regulated NSR pollutant emitted bv a maiorstationary source,the amount bvwhich the sum of subparaqra~hs 1 and 

### 2 of this paraaraph exceedszero: 1. An increase in emissions from a particular phvsical change or change in method of operation at a stationaw source as calculated pursuant to 401 KAR 51:017, Section 1(4), or 401 KAR 51:052, Section l(2); and 2. Anv other increases and decreases in actual emissions at the maior stationaw source that are contemporaneous with the particular change and are otherwise creditable. Baseline actual emissionsfor calculating increases and decreases underthis paraaraph are determined as defined in this section. (b) An increase or decrease in actual emissions is contemporaneous with the increasefrom the particularchange onlv if:1 1. For construction that commences prior to Januarv 

### 6, 2002, the change occurs 2 between the date ten (10) Vears before construction on the change commences, and 

### 3 the date that the increase from the change occurs; and 4 2. For construction that commences on and after Januarv 

### 6, 2002, the chanae 5 occurs between the date five (5) vears before constructionon the change commences, 

### 6 and the date that the increasefrom the change occurs. 

### 7 (c)An increase or decrease inactual emissions is creditableonly if: 

### 8 1. The cabinet or the 

### U.S. €PA has not relied on the chanqe in issuinq a permit for 

### 9 the source pursuantto 401 KAR 511017, 51:052, or 40 C.F.R. 52.21: and 10 2. The permit is in effect at the time the increase or decrease in actual emissions from the particular change occurs. (dlAn increase or decrease in actual emissions of sulfur dioxide, 

### articulate matter,

or nitroqen oxides that occurs before the applicable minor source baseline date is creditable onlv if it is required to be considered in calculating the amount of maximum allowable increases remaining available. For particulate matter, onlv PMIOemissions 

## p (e) An increase in actual emissions is creditable onlv to the extent that the new level of actual emissions exceedsthe old level. (f)A decrease in actual emissions is creditable onlyto the extent that: 20 1. The old level of actual emissions or the old level of allowable emissions, 21 whichever is lower, exceedsthe new level of actual emissions; 22 2. The decrease is enforceable as a practical matter at and afterthe time that actual 23 construction onthe particularchange begins; and1 3. The decrease has approximately the same qualitative siqnificance for public 2 health and welfare as that attributedto the increasefrom the particularchanqe. 3 (a) An increase that results from a physical change at a source occurs if the 4 emissions unit on which construction occurred becomes operational and beainsto emit 5 a particular pollutant. A replacement unit that requires shakedown becomes operational 6 onlv after 

### a reasonable shakedown period, not to exceed 180davs. 7 (h) The term, actual emissions, as defined in subsection (2) of this section does not apply in determiningcreditable increasesand decreases. (145) "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 requlation, irrespectiveof a chanqe in emission rate. (146) "Nitrogen oxides" means all oxides of nitroaen except nitrous oxide, as measured bv test methods specified bvthe cabinet. (147) "na" means nanograms. (148) "NOmeans nitric oxide. (149) "NO," means nitroqendioxide. (150) "Nonattainment maior new source review program" or "NSR proaram" is defined 

### bv 40 C.F.R. 51.165(a)(l)(xxx). For purposes of this definition, "administrator"

meansthe U.S. EPA. (151) "NOx" means nitrogenoxides. (1 52) "NOx allowance" is defined by40 C.F.R. 96.2. (153) "NOx Allowance Trackinq System (NATS)" is defined bv 40 C.F.R. 96.2 For purposes

### of this definition, "administrator"meansthe U.S. EPA.(154) 

### "NOx authorizedaccount representative"is defined bv 40 C.F.R. 96.2. (155) 

### "NOx budget emissions limitation" means, for a 

### NOx budget unit, the tonnaqe equivalent of the 

### NOx allowances available for compliance deduction for the unit and for a control period under 401 KAR 51:160 adiusted bv deductions of sufficient 

### NOx allowancesto account for: (a)Actual utilization under40 C.F.R. 96.42(e) for the control period; (b) Excess 

### NOx emissionsfor a prior control period under 40 C.F.R. 96.54(d); (c)Withdrawalfrom the 

### NOx budget program under40 C.F.R. 96.86; or (d) A change in requlatow status for a 

### NOx budqet opt-in source under 40 C.F.R. 96.87. (156) 

### "NOx budget opt-in source" means an affected facilitv that has elected to become a 

### NOx budget unit under the 

### NOx Budget Tradinq Program and whose 

### NOx 13 budget opt-in permit has been issued and is in effect. 14 (157) 

### "NOx budqetsource" is defined bv40 C.F.R. 96.2. 15 (158) 

### "NOx BudgetTrading Proqram" is defined by40 C.F.R. 96.2. 16 (159) 

### "NOx budqet unit" means a unit that is subiect to the 

### NOx BI 17 Programemissions limitation under401 KAR 51:160 or 40 C.F.R. 96.80. ~dget Tradinq

18 (160) 

### "NOx budget unit operator" means a person who operates, controls, or 19 su~ervises a 

### NOx budaet unit, a 

### NOx budget source. or a unit for which an application 20 for a 

### NOx budqet opt-in permit under 401 KAR 51:195 is submitted and not denied or 21 withdrawn and includes a holdinq companv, utility svstem, or ~lant manager of a 

### NOx 22 budget unit or source. 23 (161) 

### "NOx budget unit owner" means:

16(a) 

### A holder of a 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 401 KAR 51:195 is submittedand 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 401 KAR 51:195 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 401 KAR 51:195 is submitted and not denied or withdrawn under a life-of-the-unit, firm power contractual arrangement and unless expresslv provided for in a leasehold aareement, does not include a passive lessor, or a person who has an equitable interest throuqh the lessor, whose rental payments are not based, either directly or indirectlv, upon the revenues or income from the NOx budget unit or the unit for which an application for a NOx budget opt-in permit under401 KAR 51:195 is submitted and not denied or withdrawn; or (d) For anv general account, a personwho has an ownership interestwith respectto the NOx allowances held in the general account and who is subiect to the binding agreement for the NOx authorized account representative to represent that person's ownership. 

### (162)' means oxvgen. (163) 

### "03" means ozone. (164) "Opacitv" is defined bv40 C.F.R. 60.2.

### (165) "Operatins" means, for a NOx budaet unit, having documented heat input for

more than 876 hours in the six (6) months immediatelv preceding the submission of an applicationfor an initial NOx budget permit. (166) "Operator" means, for a NOx budqet unit, anv personwho operates, controls,

or supervises a NOx budget unit, a NOx budqet source, or unit for which an application for a NOx budget opt-in permit is submitted and not denied or withdrawn, and includes

anv holdinq companv, utilitysvstem, or plant manager of the unit or source. (167) "Opt-in" means to be elected to become a NOx budget unit under the NOx Budget Tradinq Program through a final NOx budqet opt-in permit. (168) "Owner", for a NOx budqet unit, is defined bv40 C.F.R. 96.2. (169) "Owner or operator" is defined bv40 C.F.R. 60.2. (170) "OZ" means ounce. (171) "Ozone depletinq potential" or "ODP", means pursuant to 40 C.F.R. Part 82, Subpart A, Appendices A and B, the ratio of the total amount of ozone destroved 

### bv a fixed amount of an ozone depleting substanceto the amount of ozone destroved bv the same mass of trichlorofluoromethane (CFC-11) inwhich the ozone depleting potential of CFC-11 is eaual to one and zero tenths (1.0). (172) "Ozone depleting substance" or "ODs" means anv chemical compound regulated under 40 C.F.R. Part 82 with decay products, after the photolvsis of the ODs bv short-wave ultraviolet light, that are able to catalvze the destruction of stratospheric

ozone. (1

73) "PAL effectivedate" is defined bv40 C.F.R. 51.166(wM2)(vi). (174) "PAL effective period" is defined by40 C.F.R. 5l.l66(w)(2)(vii).(175) "PAL maior modification" is defined bv40 C.F.R. 51.166(w)(2)(viii). (1 76) "PAL permit" is defined bv 40 C.F.R. 51.166(~)(2)(ix). (1 77) "PAL pollutant" is defined bv40 C.F.R. 51.166(w)(2)(x). (178) "Particulate matter" is defined bv40 C.F.R. 60.2. (179) "Particulate matter emissions" is defined bv 40 C.F.R. 51.100(~~), exceot as used in 40 C.F.R. Part 60. (180) "Peak load" meansthe maximum instantaneous operatins load. (181) "Permitted capacitv factor" means the annual permitted fuel use divided bvthe manufacturer's specified maximumfuel consumption multiplied bv 8,760 hours pervear. (182) "Person" is defined by KRS 224.01-01 O(l7). (183) "Plant-wide applicabilitv limitation" or "PAL" means an emission limitation, expressed in tons per vear, for a pollutant at a maior stationarv source, that is enforceable as a practical matter and is establishedsource-wide inaccordance with 401 KAR 51:017 or 51:052. (184) "PM2 511means particulate matter with an aerodvnamic diameter less than or equal to a nominal two and five-tenths (2.5) micrometers as measured bv a reference method in40 C.F.R. Part 50, Appendix L, and designated in accordance with 40 C.F.R. Part 53, or bv an equivalent method designated in accordancewith 40 C.F.R. Part53. (185) "PMIo" is defined bv40 C.F.R. 5l.lOO(qq).

(186) "PMlo - emissions" means finely divided solid or liquid material with an aerodvnamic diameter less than or equal to a nominal ten (10) micrometers emitted to the ambient air as measured bv an applicable reference method, or an eauivalent oralternative method specified in 40 C.F.R. Chapter 

### I.or bv a test method specified in the Kentuckv SIP. (1 87) "Pollutionprevention" is defined bv 40 C.F.R. 51 .I 66(b)(38). (1 88) "Portland cementt' means a hydraulic cement produced bv pulverizinw clinker consistins essentiallv of hydraulic calcium silicates. (189) "Portland cement kiln" means a svstem, includinq solid, gaseous or liquidfuel combustion equipment, used to calcine and fuse raw materials, includinq limestone and clav, to produce Portland cement clinker. (190) "Potential to emit" or "PTE": (a) Means the maximum capacity of a stationan/ source to emit a pollutant under its phvsical and operational design, in which: 1. A phvsical or operational limitation on the capacitv of a source to emit an air pollutant, including air pollution control equipment and restrictionson hours of operation

or on the tvpe or amount of materialcombusted, stored, or processed, is treated as part of its desiqn if the limitation is enforceable as a practical matter; and 2. This definition does not alter or affect the use of this term for other purposes of the Clean Air Act, 42 U.S.C. 7401-767lq, or the term "capacitv factor" as used in the Acid Rain Program; (b) Is defined bv40 C.F.R. 51.166(b)(4)for 401 KAR 51:017; or (c) 

### IS defined bv40 C.F.R. 5I.l65(a)(l)(iii) for 401 KAR 51:052. (1911"ppb" means parts per billion. (192) "ppm" means parts per million. (1931"ppm(w1w)" means parts per million (weight bvweight).(194)-"Precalciner kiln" means a kiln in which the feed to the kiln svstem is preheated in cyclone chambers and utilizes a second burner to calcine material in a separate vessel attached to the 

### re heater prior to the final fusion in a kiln that forms clinker. (195) "Predictive emissions monitoring system" or "PEMS" is defined by 40 C.F.R. 51.166(b)(44). (196) "Preheater kiln" means a kiln inwhich the feed to the kiln svstem is preheated in cvclone chambers priorto the final fusion in a kilnthat forms clinker. (197) "Prevention of Significant Deterioration Proqram" or "PSD Proqram" is defined bv40 C.F.R. 51.166(b)(42). (198) "Proiect" is defined bv40 C.F.R. 51.166(b)(51). (199) "Projected actual emissions" is defined bv40 C.F.R 51.166(b)(40). (200) "psia" means pounds per square inch absolute. (201) "psiq" means pounds per square inch sage. (202) "RACTIBACTILAER Clearinqhouse" or "RBLC" means the U.S. EPA's online collectionof previous RACTIBACTILAERdeterminations. (203) "Reactivation of a very clean coal-fired EUSGU" is defined bv 40 C.F.R. 51.166(b)(37). (204) "Reasonable further proqress" is defined by 42 U.S.C. 7501(1). For purposes of this definition, "administrator" means the U.S. EPA. (205) "Reconstruction" means the replacement of components of an existing affected facilitv to the extent that:(a) The fixed capital cost of the new components exceeds fiftv (50) percent of the fixed capital cost that would be requiredto construct a comparable entirelv new affected facilitv; and (b) It is technoloqicallv and economicallv feasible to meet the applicable requirements of 401 KAR Chapters 50 to 65. (206) "Reference method" means a method of sampling and analvzing 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 

### B; 40 C.F.R. Part 61, A~pendix B; or 40 C.F.R. Part 63, Appendices A to D. (207) "Requlated NSR ~ollutant" is defined bv40 C.F.R. 51.I66(b)(W. (208) "Replacement unit" is defined bv40 C.F.R. 51.166(b)(32). (209) "Repowerinq" is defined bv 40 C.F.R. 51.166(b)(36). For purposes of this definition, "administrator" meansthe U.S. EPA. (210) "Responsibleofficial" is defined bv40 C.F.R. 70.2. (211) "Run" is defined bv40 C.F.R. 60.2. (212) "S" means at standard conditions. (213) "sec" means second. (214) "Secondarv emissions" is defined bv40 C.F.R. 51.I 66(b)(l8). (215) "Serious nonattainment countv" or "serious nonattainment area" means 

### a countv or portion of a countv designated serious nonattainment for the national ambient air aualitvstandardfor ozone.(216) "Severe nonattainment countv" or "severe nonattainment area" means a countv or portion of a countv desiqnated severe nonattainment for the national ambient air aualitv standardfor ozone. (217) "Shutdown" means the cessationof an operation. (21 8) "Significant" is defined bv: (a) 40 C.F.R. 51.166(b)(23) for 401 KAR 51:017; or (b) 40 C.F.R. 51.165(a)(l)(x) for 401 KAR 51:052. (21

### 9) "Significant emissions increase" is defined bv: (a) 40 C.F.R. 51.l66(b)(39)for 401 KAR 51:Ol7; or (b) 40 C.F.R. 5l.l65(a)(l)(xxvii) for 401 KAR 51:052. (220) "Significant emissions unit" is defined bv: (a) 40 C.F.R. 51 .I 66(w)(2)(xi) for 401 KAR 51:017; or (b) 40 C.F.R.51.165(0(2)(xi)for 401 KAR 51:052. (221) "Small emissions unit" is defined bv: (a) 40 C.F.R. 51.166(~)(2)(iii) for 401 KAR 51:017: or (b) 40 C.F.R. 51.165(0(2)(iii)for 401 KAR 51:052. (222) "SO>"meanssulfur dioxide. (223) "Source" means one (1) or more affected facilities contained within a given contiquous propertv line, which means the propertv is separated onlv bv a public thoroughfare, stream, or other riqht of wav. (224) "sq" means square. (225) "Stack or chimney" means a flue, conduit, or duct arranged to conduct emissionsto the atmosphere.1 (226) "Standard" means an emission standard, a standard of performance, or an 2 ambient air qualitv standard as promulgated in 401 KAR Chapters 50 to 65 or the 3 emission control requirements necessarvto comply with 401 

### KAR Chapter 51. 4 (227) "Standard conditions" means: 5 (a) For source measurements,twenty (20) degrees Celsius (sixtv-eight(68) degrees 6 Fahrenheit)and a pressure of 760 mm Hg (29.92 in. of Ha). (b) For air quality determinations, twentv-five (25) degrees Celsius (seventv-seven /77) degrees Fahrenheit) and a reference pressure of 760 mm Hg (29.92 in. of Hd. (228) "Start-up"or "startup" meansthe settinq in operation of an affected facilitv. (229) "State implementation plan" or "SIP" means the most recentlv prepared plan

or revision required bv 42 U.S.C. 7410that has been approved bvthe U.S. EPA. (230) "Stationan, source" is defined bv40 C.F.R. 51.166(b)(5). (231) "Subiect to regulation" is defined bv 40 C.F.R. 51.166tb)(48) for the PSD and NSR programs. (232) "Submit" means to send or transmit a document, information, or correspondence in accordance with an applicable requirement. (233) "TAPPI" means Technical Association of the Pulp and Paper Industrv. (234) "Temporarv clean coal technoloqv demonstration proiect" is defined bv 40 C.F.R. 51.166(b)(35). (235) "Ton" or "tonnaae"for a 

### NOx budqet source is defined bv 40 C.F.R. 96.2. 2 1 (236) "Total suspended particulates" or "TSP" is defined bv 40 C.F.R. 51.100~~~~. 22 (237) "tpv" meanstons per year. 23 (238) "TSS" meanstotal suspended solids.(239) "Uncombined water" means water that can be separated from a compound bv ordinarv phvsical means and that is not bound to a compound bv internal molecular forces. (240) "Unit" is defined bv 40 C.F.R. 96.2. (241) "Urban countv" means a countv that is a part of an urbanized area with a populationqreater than 200.000 based uoon the 1980 census. If a portion of a countv is a part of an urbanized area, then the entire countv is classified as urban for 401 

### KAR Chapters 50 to 65. (242) "Urbanized area" means an area defined bv the U.S. Department of Commerce, Bureauof Census. (243) "U.S. EPA" meansthe United States Environmental ProtectionAqencv. (244) "UTM" means Universal Transverse Mercator. (245) "Visibilitv impairment" is defined bv40 C.F.R. 51.301. (246) "Volatile orqanic compound" or "VOC" is defined bv40 C.F.R. 51.100(s). (247) "vd" meansvard. 

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### . .Section 2. Incorporation by Reference. (1) "Standard Industrial Classification Manual", 1987, as published by the Officeof Management and Budget is incorporated by reference. (2) This material may be inspected, copied or obtained, subject to applicable copyright law, at the following main and regionaloffices of the Kentucky Division for Air Quality during the normal working hours of 8 a.m. to 4:30 p.m., localtime: (a) Kentucky Division for Air Quality, 200 Fair Oaks Lane, 1st floor, Frankfort, Kentucky 40601 -1403, (502) 564-3999; 

### (b) Ashland Regional Office, 1550 Wolohan Drive, Suite 1, Ashland, Kentucky 41102, (606) 929-5285; (c) Bowling Green RegionalOffice, 1508Westen Avenue, Bowling Green, Kentucky 42104, (270) 746-7475; (d) Florence Regional Office, 8020 Veterans Memorial Drive, Suite 110, Florence, Kentucky41042, (859) 525-4923; (e) Frankfort Regional Office, 643 Teton Trail, Suite B, Frankfort, Kentucky 40601, (502) 564-3358; (f) Hazard Regional Office, 233 Birch Street, Suite 2, Hazard, Kentucky 41701, (606) 435-6022; (g) London Regional Office, 875 

### S. Main Street, London, Kentucky 40741, (606) 330-2080; (h) Owensboro Regional Office, 3032 Alvey Park Drive, W., Suite 700, Owensboro, Kentucky 42303, (270) 687-7304; and(i) Paducah Regional Office, 130 Eagle Nest Drive, Paducah, Kentucky 42003, (270) 898-8468. (3) The Standard Industrial Classification Manual is also available under Order No. PB 87-100012 from the NationalTechnical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, phone (703) 487-4650.Leonard K. Peters, Secretary Energyand EnvironmentCabinet DatePUBLIC HEARINGAND PUBLIC COMMENT PERIOD:A public hearingonthis administrative regulation shall be held onAugust 24, 2010, at 2:00 p.m. (localtime) in Conference Room 201 B on the first floor of the Division for Air Quality at 200 Fair Oaks Lane, Frankfort, Kentucky. Individuals interested in being heard atthis hearing shall notifythis agencyfive (5)workdays priorto the hearingof their intent to attend. If no notificationof intentto attend the hearing is received bythat date, the hearing may be canceled. This hearing is opento the public. Any personwho wishes to be heard shall be given an opportunityto comment on the proposed administrative regulation. Ifyou do not wish to be heard at the public hearing,you may submit written commentson the proposed administrative regulation.Written comments shall be accepted until close of businesson August 31, 2010. Send written notification of intent to be heard at the public hearingor written comments on the proposed administrative regulationto the contact person listed below. The hearingfacility is accessibleto persons with disabilities. Requests for reasonable accommodations, including auxiliary aids and services necessaryto participate inthe hearing, may be madeto the contact person at least five (5)workdays priorto the hearing. CONTACT PERSON: Laura Lund, Environmental Technologist 

### Ill Divisionfor Air Quality, 1 Floor, 200 Fair Oaks Lane, Frankfort, Kentucky 40601, telephone (502) 564- 3999, ext. 4428, fax (502) 564-4666, and electronic mail Laura-Lund@ky.gov.REGULATORY IMPACTANALYSIS AND TIERING STATEMENT Administrative Regulation#: 401 KAR 51:001 Contact person: Laura Lund, EnvironmentalTechnologist 

### II (1) Provide a brief summary of: What this administrative regulationdoes: This administrative regulation definesthe terms used in401 KAR Chapter 51. The necessity of this administrative regulation: This administrative regulation provides clear and consistent definitions for terms used in 401 KAR Chapter 51. How this administrative regulation conforms to the content of the authorizing statutes: The statutory authority for this regulation is given in KRS 224.10-100(5), which provides the cabinet the authority, power, and duty to prevent and control air pollution. KRS 224.10-lOO(26) requires the cabinet to issue regulations that are no more stringent than federal requirements. The definitions contained in this administrative regulation are not more stringent or otherwise different than the correspondingfederal definitions. How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation assists the public and the regulated community by providing clear and consistent definitionsfor terms used in 401 KAR Chapter 51. (2) If this is an amendment to an existing administrative regulation, provide a briefsummary of: (a) How the amendment will change this existing administrative regulation: This amendment revises definitions to reflect amendments madeto the New Source Review (NSR) program at the federal level. The Prevention of Significant Deterioration and Title 

### V Greenhouse Gas Tailoring Rule (Tailoring Rule), published as a final rule on June 3, 2010, amends and creates definitions that significantly impact the Prevention of Significant Deterioration (PSD) and Title V permitting programs. The amendments are to the definitions for "Regulated NSR pollutant", which includes greenhouse gases (GHGs) as a regulated NSR pollutant under the Clean Air Act; "Major source", which includes air pollutants subject to regulation; and the inclusion of a definition for "Subject to regulation", which includes the greenhouse gas emission thresholds to trigger PSD and TitleV permitting. (b) The necessity ofthe amendment to this administrative regulation: The definition amendments are necessary at the state level to ensure consistency between state and federal programs. The Tailoring Rule establishes January 2, 2011, as the trigger date for GHGs to become regulated. If Kentucky's State Implementation Plan (SIP) is not revised bythat date to include these requirements, the SIP will be found deficient, and the 

### U.S. EPA will have authority to issue a Federal Implementation Plan (FIP). Serious consequences of a FIP include loss of PSD and Title V program approvals and loss of federal highway funds. EPA clearly states their intent in the preambleto the final rule, "For any state that lacks the ability to issue PSD or Title V permits for GHG emissions sources consistent with the final rule, we [EPA] intend to undertake a separate action to call for revisions to these programs. We [EPA] also intend to move quickly to impose a FIPfor PSD through 40 CFR 52.21, and use our federal Title 

### V authority to ensure that GHG sources will be permitted consistent with the final rule." This amendment also clarifies that small businesses will not be regulated solely because of their greenhouse gas emissions by tailoring the threshold limits. (c) How the amendment conforms to the content of the authorizing statutes: KRS 224.10-1 OO(26) requires the cabinet to issue regulations that are no more stringent than federal requirements. This amendment maintains consistency with corresponding federal definitions affecting Kentucky's PSD and TitleV permitting programs. (d) How the amendment will assist in the effective administration of statutes: This amendment will provide clear and consistent definitions of terms used in401 KAR Chapter 51 to prevent and control air pollution. (3) Listthe type and number of individuals,businesses, organizations, or state and local governments affected by this administrative regulation: Any facility with the capacity to emit greenhouse gases at or above the thresholds specified in the GHG Tailoring Rule, which changes to 401 KAR 51:001 incorporate,would be affected by the changes to this regulation. This includes PSD and Title V sources of greenhouse gas emissions but does not affect smaller emitters of greenhouse gases. EPA has estimated that without the Tailoring Rule there would be 82,000 permitting actions nationwide per year necessary to address greenhouse gas emissions, but with the implementation of the rule that number is reducedto 1,600 nationwide. The Division for Air Quality has estimated this regulation change to affect 30 

### -40 permitting actions peryear in Kentucky. If these amendments are not made, the U.S. EPA will find Kentucky's SIP deficient and exercise their authority to issue a construction ban to prevent the construction or modificationof a major emitting facility (pursuant to CAA s167) until a FIP is issued. (4) Provide an assessment of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change if it is an amendment: Changes to the current regulation will include the regulation of greenhouse gas emissions. For those sources emitting at or above the major source threshold for greenhouse gas emissions, new permitswill haveto be issued. (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrativeregulation or amendment: Sources permitted underthe Title 

### V program will have to submit a permit application identifying and reporting the emissions but there will be no new requirements or standards imposed on the source. Sources permitted under the PSD programwill haveto submit a permit application including Best Available Control Technology (BACT) reviewfor greenhouse gas emissions. In complying with this administrative regulation or amendment, how muchwill it cost each of the entities identified inquestion 

### (3): There are no emission fees associated with the regulation of greenhouse gas emissions. For those sourcesthat must provide a BACT analysis, there is the additional cost to meet the requirements of the BACT determination. Additionally, sources required to obtain a new permit will have the expense of completing a permit application. EPA has estimated that a Title V permit application for greenhouse gas sources would cost each source, on average, between$23,200 and $46,400. As a result of compliance, what benefits will accrue to the entities identified in question 

### (3): These major sources will remain in compliance with state and federal regulations. Provide an estimate of how much it will cost the administrative body to implement this administrative regulation: (a) Initially: The inclusion of greenhouse gases in stationary source permits will require the Division for Air Quality to expand staff to review the increased permit load and inspect changes madeto sources as a result of this regulation. (b) On a continuing basis: The cabinet must maintainthe additional staff in order to handlethe increase in permit issuance. EPA has estimated that a Title V permit application for greenhouse gas sources would cost a permitting authority, on average, between $9,844 and $19,688 to process each source permit. What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: Any additional expense incurred by the Division for Air Quality to regulate greenhouse gas emissions would be paid for through Title V emission fees. The cabinet is not requesting additional general funds for the implementation and enforcement of the regulation. Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, 

### if new, or by the change if it isan amendment. The cabinet is not requesting additional general funds for the implementation of this administrative regulation. However, Title V emission fees may be impacted by the implementation of this administrative regulation. State whether or notthis administrative regulation established any fees or directly or indirectly increased any fees. This administrative regulation does

### not establish fees, but as stated above in (7), Title 

### V emission fees may be

, 

### impacted. (9) TIERING: Is tiering applied? 

### Yes. The Tailoring Rule amends the threshold of greenhouse gas emission levels subject to regulation. This tiering revisionwas necessary to prevent small businesses and individuals from becoming subject to permitting requirements solely due to greenhouse gas emissions.

### FEDERAL MANDATE ANALYSIS COMPARISON 

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

### V programs make it necessaryto revise the regulation in order to maintain federal approvability. Failure to do so will result in a Federal Implementation Plan. 2. 

### State compliance standards. The state compliance standards are found in KRS 224.10-1OO(5). 

### 3. Minimum or uniform standards contained in the federal mandate. Changes in the federal definitions for this program necessitate changes inthe state definitions. 4. 

### Will this administrative regulation impose stricter requirements, or additional or different responsibilitiesor requirements, than those required bythe federal mandate? No. 

### 5. Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements. The definitions contained in this administrative regulation are not more stringent or otherwise different than the correspondingfederal definitions.FISCAL NOTE ON STATE OR LOCAL GOVERNMENT Administrative Regulation#: 401 

### KAR 51:001 Contact person: Laura Lund, Environmental Technologist II

/ 

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

### 2. What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? This administrative regulation impacts the Division for Air Quality as the applicability of other administrative regulations is altered. Any state or local government that emits greenhouse gases in the thresholds subject to the PSD or TitleV permitting programs would be requiredto obtain a permitfrom the Divisionfor Air Quality. 

### 3. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 224.10- 100(5),(26); 42 U.S.C. 7401,7410, 7471, 7607; 40 CFR 51.166. 4. Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local governmentagency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation isto be ineffect. (a) How much revenue will this administrative regulationgenerate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? This administrative regulation does not generate revenue, but Title 

### V fees may be impacted bythe implementationof this regulation. (b) How much revenue will this administrative regulationgenerate for the state or local government (including cities, counties, fire departments, or school districts) for subsequentyears? This administrative regulation does not generate revenue, but TitleV fees may be impacted bythe implementationof this regulation. (c) How much will it cost to administerthis program for the first year? The U.S. EPA has estimated that it will cost the permitting authority between $9,844 and $19,688 per permit issued, and the Division for Air Quality has estimated 30 

# - 40 permit actions per year. Therefore, it is estimated that an increase of between $300,000 and $800,000 will be necessaryto operatethis program. (d) How much will it cost to administer this program for subsequent years? The U.S. EPA has estimated that itwill cost the permitting authority between$9,844 and $19,688 per permit issued, and the Division for Air Quality has estimated 30 

## - 40 permit actions per year. Therefore, it is estimated that an increase of between $300,000 and $800,000 will be necessaryto operatethis program.