Leonard K. Peters 

Secretary 

Commonwealth of Kentucky 

Energy and Environment Cabinet 

Department for Environmental Protection 

Division for Air Quality 

200 Fair Oaks Lane, 1" Floor 

Frankfort, Kentucky 40601 -1 403 

w.air.ky.gov 

September 8,2009 

Stan Meiburg 

Acting Regional Administrator 

U.S. EPA, Region 4 

Atlanta Federal Center 

61 Forsyth Street, SW 

Atlanta, Georgia 30365 

Dear Mr. Meiburg: 

The Kentucky Energy and Environment Cabinet (EEC) hereby submits to the US. 

Environmental Protection Agency (EPA) a letter certifying that Kentucky's existing State 

Implementation Plan (SIP) contains Section 1 10 provisions that address the requirements for the 

PM2.5. %hour ozone, and Lead National Ambient Air Quality Standards (NAAQS). 

Under section 110(a)(l) and (2) of the Clean Air Act (CAA), all states are required to 

submit plans to provide for the implementation, maintenance, and enforcement of any new or 

revised National Ambient Air Quality Standard (NAAQS). Section 110(a)(l) and (2) require 

states to address basic program elements, including requirements for emissions inventories, 

monitoring, and modeling, among other things. States are required to submit SIPs to EPA which 

demonstrate that these basic program elements have been addressed within 3 years of the 

promulgation of any new or revised NAAQS. Subsections (A) through (M) of section 11 0(a)(2), 

set forth the elements that a state's program must contain in the SIP. The list of section 1 lO(a)(2) 

NAAQS requirements and Kentucky's provisions are listed below. 

Emission limits and other control measures: Section 1 I O(a)(2)(A) of the CAA requires SIPs to 

include enforceable emission limits and other control measures, means or techniques, schedules 

or compliance and other related matters. 

Kentucky Authority: 

Kentucky Revised Statute Chapter 224 Section 10-1 00 (KRS 224.10- 100) provides the 

Energy and Environment Cabinet the authority to administer all rules, regulations and 

orders promulgated under Chapter 224, and to provide for the prevention, abatement, and 

control of all water, land, and air pollution. 

Chapter 50 General Administrative Procedures. 

Pnntcd on K~uycl~d Papa 
Stan Meiburg 

U.S. EPA, Region 4 

Page 2 

September 8,2009 

Regulation 401 KAR 5 1 :010 Attainment Status Designations, establishes nonattainment 

areas and timetables for these areas to achieve the standard. The division is in the 

process of updating this regulation to specify Pkf2.5 as weU as PMlo but, oontinues to use 

PMlo as the surrogate for PM2 5 as recommended by U.S. EPA. 

Regulation 401 KAR 50:055 General Compliance Requirements. Section 1 Emissions 

shutdown and malfunction. 

Chapter 51 Attainment and Maintenance of the National Ambient Air Quality Standards. 

Regulation 401 KAR 51:005 Purpose and GeneraI Provisions. Section 3 Notification 

and Recordkeeping. Section 4 Monitoring Regs. 

Chapter 52 Permits. Registrations, and Prohibitory Rules. 

401 KAR 52:020 Title V Permits establishes requirements for air contruninant sources 

located in Kentucky that are required to obtain a Title V permit, 

40 1 KAR 52:030 Federally-Enforceable Permits for Nonmajor Sources establishes 

requirements for air contaminant sources located in Kentucky that accept emissions 

limitatims to avoid the New Source Review requirements under Title I of the Clean Air 

Act or Ule Operating Pennit Program requirements under Title V of Ehe Clean Air Act. 

40 1 KAR 52040 State-Origin Permits establishes requirements for minor sources whose 

permits are not required to be federally enforceable. 

Regulation 401 KAR 53:010, Ambient Air Quality Standards. Serves to establish the 

requirement for regulations for the prevention, abatement, and control of air pollution. 

Ambient air quality monitoring/datar, system: Section 11O(a)(2)(B) of tlre CAA requires SPs 

to include provisions to provide for establishment and operation of ambient air quality monitors, 

collecting and analyzing ambient air quality data, and presatation of these data avdable to EPA 

upon request. 

Kentucky Authority: 

KRS 224.10-100 (22) requires the installation, maintenance, and use of equipment, 

devices, or test and methodologies to monitor the nature and amount of any substance 

emitted into the ambient air and to provide the information to the cabinet. 

Chapter 50 General Administrative Procedures spells out the rqui~emetlts for 

monitoring. 

Regulation 401 KAR 5 l:Ol7 Prevention of Significant Deten'ombion of Air Qdity 

(PSD) applies to the construction of any new major stationary source or any project at an 

existing major stationary source in an area designated as attainment or unclassifiable. 

Re@&on 401 KAR 50:050 authorize the monitoring of ambient air quality. 

Regulation 401 KAR 53:010 Ambient Air Quulity Standards sets ambient air quaiity 

standards necessary for the protection of the public heaith, welfare, and pperty. 

Regulation 401 KAR 50945 Perjormanc Tat establishes the requirements for these 

tests. 
Stan Meiburg 

US. EPA, Region 4 

Page 3 

September 8,2009 

Program for enforcement of control measures I: Section 1 I O(a)(2)(C) of the CAA requires 

States to include a program that provides for enforcement of all SIP measures and the regulation 

of construction of new or modified stationary sources to meet prevention of significant 

deterioration (PSD) and nonattainment new source review (NSR) requirements, 

Kentucky Authority: 

Chapter 5 1 Attainment and Mainrenance of the NAAQS. 

Regulation 401 KAR 51 :017 Prevention of SipiJcunt Deterioration of Air Quulity 

applies to the construction of any new major stationary source or any project at an. 

existing major stationary source in an area designated as attainment or melassifiable. 

The division is in the process of updating this regulation to specify PMz,~ as well as PMto 

but, continues to use PMlo as the surrogate for PM2.5 as recommended by U.S. EPA. 

Regulation 401 KAR 50:060 Enforcement, provides for enforcement of the tams and 

conditions of permits and compliance schedules. 

Interstate transport: Section 110(a)(2)(D) of the CAA requires SIPS to include provisions 

prohibiting any source of other type of emissions activity in one state fkom contributing 

significantly to nonattainment of the NAAQS in another State. States are required to submit 

1 1 O(a)(2)(D)(i) plans to demonstrate compliance with these provisions. 

Kentucky Authority: 

Finding regarding section 1 lO(a)(2)(D)(i) promulgated submitted on l2/lO/O7 for the 

1997 8-hour ozone and PM2.5 National Ambient Air Quality Standards.. 

* Kentucky submitted the 1 10(a)(l) plan on 12/7/07 for the 1997 8-hour ozone and PM2.5 

NAAQS. 

Kentucky's Clean Air Interstate Rule (CAB) was approved 10/4/07 (72 FR 56623) 

The Fitla1 Regional Haze SZP was submitted to U.S. EPA on 6/25/08. 

The Final &Hour Ozone Attainment Demonstration was submitted to U.S. EPA on 

1 2/07/07. 

The Final PM,, Attainment Demonstration was submitted to U.S. EPA on 12/03/08. 

Adequate resources: Section I lO(a)(2)(E) of the CAA requires states to provide for adequate 

personnel, funding and legal authority under State law to carry out its SIP and related issues. 

Kentucky Authority: 

KRS 224.10-100 Powers and Duties of the Cabinet, provides for authority under State 

law to carry out its SIP and related issues. 
Stan Meiburg 

U.S. EPA, Region 4 

Page 4 

September 8,2009 

KRS 2%. 10-100 Powers and Duties of the Cabireet, Section f 1 1) provides for the 

authority to accept, receive, and administer grants or other funds or gifts &om public 

private agencies including the federal government for the: purpose of carrying out an fo % 

the functions of the cabinet. 

necessary to fhd the state Title V permit program. 

Regulation 401 KAR 50:038 Air Emissions Fee provides for the rtsses~fnent of 

Q fees 

Stationary source monitoring system: Section 11 O(aX2XF) of the CAA requires States to 

establish a system to monitor emissions &om stationary sources and to submit periodic emissions 

reports. 

Kentucky Authority: 

Chapter 50 General Administrative Procedures. 

Regulation 401 KAR 50:050 Monitoring, Section 1 Monitoring Records and Reporting 

establishes the requirements for the installation, use, and maintenance of stack gas and 

ambient air monitoring equipment. 

Regulation 401 KAR 50:055 General Compliance Requirements, §don 1 Emission 

During Shut Down Malfimction. 

Emergency power: Section 1 lqaX2)(G) of the CAA requires States to provide for authority to 

address activities causing imminent and substantial endagerment to public health, incfuding 

contingency plans to implement the emergency episode provisions in their SIPs. 

Kentucky Authority: 

Chapta 55 Emergency Episodes. 

Regulation 401 KAR 55:005 Signif;cant Hamr Criteria, Section t Purpuse defines those 

levels of pall&ant concen~on which must be prevated in order to avoid significant 

harm to the health of persons. 

Regulation 401 KAR 55:010 Episodic CritePia defines those levels of pollutant 

concentrations which justify the proclamation of an air pollution alert, air pollution 

warning, rtn air pollution emergency. 

Regulation 401 KAR 55:015 Episode Declaration provides for the dhat or 

reductio~ of processes or operations which emit an air con&?&& or an air con** 

precursor whose criteria has been reached and are I&& in the aflFected areas for which 

an episode level has been declared. 

All of Kentucky is considered a Priority III Area, and therefore MI emergency episode 

plan for PM2, is required. 

An emergency episode was already included for the 1-hour ozone standad md wdd 

suffice for the 8-how ozone standard. 
Stan Meiburg 

U.S. EPA, Region 4 

Page 5 

September 8,2009 

Future SIP revisions: Section 1 IO(a)(Z)(H) of the CAA requires States to have the authority to 

revise their SLPs in response to changes in the NAAQS, availability of improved methods for 

attaining the NAAQS, or in response to an EPA finding that the SIP is substantially inadequate, 

Kentucky Authority: 

Chapter 53 Ambient Air Quality. 

Regulation 401 KAR 53:010 Ambient Air Quality Standards. 

Regulation 401 KAR 5 1 :0 10 Attainmat Status Designations contains provisions fur the 

cabinet to review applicable data and submit to U.S. EPA revisions to he awrunentnonattaitlment list pursuant to 42 USC 7407. 

Consultation with government officials: Section 110(a)(2)(J) of the CAA requires States to 

provide a process for consultation with local governments and Federal Land Managers canying 

out NAAQS implementation requirements pursuant to CAA Section 12 1 relating to cofi&tation. 

Kentucky Authority: 

Chapter SO General Administrative Procedures. 

Regulation 401 KAR 51:017 Prevention of Sigvl$cant Deterioration of Air Qwlity, 

Section 15 Public Participation. 

Regulation 401 KAR 52:100 Public, Aflected State, and US. EPA Review establishes the 

procedures used by the cabinet to provide for the review of federally-enforcesd,le permits 

by the public, affected states, arid the US. EPA. 

Regulation 401 KAR 50:W Conformity of Transportation Plans, Program5 and 

Projects establishes criteria and prdwes for the interagency consultation process used 

in demonstrating conformity of federal transportation plans to the SIP. 

Public notification: Section 1 1 O(a)(2)(J) of the CAA further requires States to notify the public 

if NAAQS are exceeded in an area and to enhance public awareness of measure that can be taken 

to prevent exceedances. 

Kentucky Authority: 

Chapter 5 1 Attainment and Maintenance of the National Ambierat Air Quality Standards. 

Regulation 401 KAR 5 I :017 Prevention of Signzjkant Deterioration (PSD) of Air 

Quality. Section 1 5 Public Participation. 
Stan Meiburg 

U.S. EPA, Region 4 

Page 6 

September 8,2009 

Regulation 401 KAR 52: 100 Public, Aflected Sute, and US. EPA Review establishes the 

procedures used by the cabinet to provide for the review of feddly-enforceable permits 

by the public, affected states, and the U.S. EPA. 

PSD and visibility protection: Section 110(a)(Z)(J) of the CAA dso requires States to meet 

applicable requirements of Part C related to PSD and visibility protection. 

Kentucky Authority: 

Chapter 51. Attainment and Maintenance of the National Ambient Air Quality Standards. 

Regulation 401 KAR 5 1 :017 Prevention of Sign$canb. Deterioration ofAir Qdity. 

Reguiation 401 KAR 63905 Open Burning estab3ishes requirements for the control of 

open burning. 

Regulation 401 KAR 63:010 Fugitive Emiissions provides for the control of fugitive 

emissions. 

Air quality modebgldattl: Section I lO(a)(2)(K) of the CM requires that SIPS provide for 

performing air quality modeling so that effects on air quality of emissions from NAAQS 

pollutants can be predicted and submission of such data to EPA can be made. 

Kentucky Au&ority: 

Chapter 50 General Administrative Procedures. 

Regulation 401 KAR 50~040 Air euQlity Models specifies gend pro\risions for the use 

of air quality models. 

Regulation 401 KAR 50:050 Monitoring. 

Permitting fees: Section 1 1 O(a)(Z)(L) of the CAA requires SIPS to require each major stationary 

source to pay permitting fees to cover the costs of reviewing, approving, implementing, and 

enforcing a permit. 

Kentucky Alrthoritly: 

401 WAR 50:038 Air Emissions Fee provides for the assessment of fees necessary to fund 

the state permit program. 
Stan Meiburg 

US. EPA, Region 4 

Page 7 

September 8,2009 

Consa4tation/pa&ipation by affected ksl entities: Section llO(a)(2w of the CAA 

requires States to provide for consultation and participation in SIP development by local politid 

subdivision affected by the SIP. 

Kentucky Authority: 

Chapter 65 Mobile Source Related Emissions. 

Regulation 401 KAR 50:066 Conformity of Tramportation Plans, Programs, and 

Projects. 

Regulation 401 KAR 50:035 Permits. Section 7 Procedures for public participation. 

KRS Chapter 77 Local Authority. 

If you have any questions or commts concerning this matter, please contact John 

Gowins at the Division for Air Quality at (502) 564-3999.