### STEVEN L. 

### BESHEAR GOVERNOR



# ENERGYAND ENVIRONMENTCABINET OFFICE OFTHE SECRETARY 500 MEROSTREET 12TH 

## FLOOR,CAPITALPLAZA TOWER FRANKFORT, KY 40601 TELEPHONE: 502-564-3350 FACSIMILE: 502-564-3354 

# July 17, 2012
Ms. Gwendolyn Keyes Fleming Regional Administrator U.S. EPA, Region4 SamNunnAtlantaFederal Center 61 Forsyth Street, SW Atlanta, Georgia 30303
RE: Section 110(a) Infrastructure State ImplementationPlan (SIP) submittal
DearMs. Fleming: lEONARDKPEiffiS 

### SECRETARY



# The Kentucky Energy and Environment Cabinet (EEC) hereby submits to the U.S. Environmental ProtectionAgency (EPA) a final State ImplementationPlan (SIP) that documents the Clean AirAct (CAA) requirements ofSection 110(a) infrastructure provisions addressing the National Ambient Air Quality Standards (NAAQS) requirements for the 1997 and 2006 PM2.s, andthe 2008 8-hourozone and leadNAAQS.
Under Sections 110(a)(l) and (2), all states are requiredto submitplans to provide for the implementation, maintenance, and enforcement of any new or revised NAAQS. States are required to address basic program elements, including requirements for emissions inventories, monitoring, and modeling, among other things. States are required to submit SIPs to EPA demonstrating that these basic program elements have been addressed within 3 years of the promulgationofany new orrevisedNAAQS. Subsections (A) through (M) ofSection 110(a)(2), setforth the elementsthat a state'sprogrammustcontaininthe SIP.
For clarification, the following statutes and regulations need to be added to Kentucky's SIP:
• KRS Chapter224.10-100. Powers andduties of cabinet;


# • KRS Chapter224.10-020. Departmentswithin the cabinet-Officesanddivisions within· the departments-Appointments;


# • KRS Chapter 11A.020. Public servantprohibitedfrom certain conduct

- Exception

- Disclosure of personalorprivate interest;


# • KRS 11A.030 Considerations in determination to abstainfrom action on officialdecision -Advisoryopinion;


# • KRS 11A.040Actsprohibited forpublicservantorofficer-Exception;

KentuckyUnbridledSpirit.com

# /(etJ**W.f!i.Y~** An Equal OpportunityEmployerM/F/D

# Ms. Gwendolyn Keyes Fleming Page 2 July 17, 2012

• 401 KAR 51:001, 51 :017 and 51:052. These regulations were amended to adopt federal revisionsto the lists ofmajor sources relating to PSD,NSRand Title V applicability; remove the existing requirements for clean units and pollution control projects; and add nitrogenoxides as aprecursorto ozone formation. These amendmentsbecame effective in Kentucky onFebruary 5, 2010, were submittedto EPA onFebruary 22, 2010, and were officially approvedto the SIP in 75 FR55988, on September 15, 2010;
• 401 KAR 51:001 and 52:001. These regulations were amended to include federal definition changes significant to Kentucky's permitting program by establishing thresholds for the regulation and permitting of greenhouse gas emissions. These amendments became effective in Kentucky on January 3, 2011, were submitted to EPA on December 13, 2010, and were officially approved to the SIP in 75 FR 81868, December29, 2010;
• 401 KAR 51:001, 51:017 and 51:052. These regulations were amendedto adoptrevisions

._to the NSR/PSD programs consistent with the PM2

.5 

# NAAQS implementation. The Division filed the proposed administrative regulation amendments with the Legislative Research CommissionJune 14, 2012 andEPA onJune 19, 2012.
The list ofSection 11O(a)(2) NAAQS requirements and Kentucky's provisions are listed as an attachmentto this letter. Apublic commentperiodclosedonMay22, 2012, and aresponse to comments document is included. Kentucky notes that it is withdrawing the previous submission dated September 8, 2009, for the 11O(a)(2) infrastructure requirements related to the 8-hour ozone, PM2

.5, 

# and lead NAAQS and replacing it with the submission provided with this letter. Yourprompt attentionto this letteris appreciated. Ifyouhave any questions or comments concerning this matter, please contactAndrea Smith atthe Division for Air Quality at (502) 564- 3999. Sincerelyyours,

# ~~(#~}; Secretary

Enclosures
c: BeverlyBanister/R. ScottDavis

KentuckyUnbridledSpirit.com An Equal OpportunityEmployerM/F/D

# 1 

# Section 110(a) Infrastructure Requirements

Emission limits and other control measures:Section 110(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 10-100 (KRS 224.10-100) provides the Energy and Environment Cabinet the authority to administer all rules, regulations and orders promulgated under Chapter 224, and toprovide for the prevention, abatement, and control of all water, land, and air pollution. Chapter 50 General Administrative Procedures

. • 401 KAR 50:010. Definitions for 401 KAR Chapter 50. This administrative regulation defines the terms used in 401 KAR Chapter 50;

• 401 KAR 50:012. General application. This administrative regulation provides guidelines by which all administrative regulations of 401 KAR Chapters 50 to 65, are to be understood;

• 401 KAR 50:015. Documents incorporated by reference. This administrative regulation provides for the incorporation by reference of documents referred to within these administrative regulations;

• 401 KAR 50:020.Air quality control regions. This administrative regulation provides for the designation and classification of air quality control regions;

• 401 KAR 50:025. Classification of counties. This administrative regulation provides for the classification of counties with respect to various pollutants;

• 401 KAR 50:040. Air quality models. This administrative regulation specifies general provisions for the use of air quality models;

• 401 KAR 50:042. Good engineering practice stack height. This administrative regulation defines good engineering practice stack height which shall be used in establishing emissions limitations;

• 401 KAR 50:045. Performance tests. This administrative regulation establishes requirements for performance tests;

• 401 KAR 50:047. Test procedures for capture efficiency. This administrative regulation provides capture efficiency test procedures for volatile organic compounds;

• 401 KAR 50:050.Monitoring. This administrative regulation establishes requirements for stack gas monitoring, ambient air monitoring, and recording and reporting requirements as related to monitoring data;

• 401 KAR 50:055. General compliance requirements. This administrative regulation establishes requirements for compliance duringshutdown and malfunctions; establishes requirements for demonstrating compliance withstandards; establishes requirements for compliance when a source is relocated withinthe Commonwealth of Kentucky; and other general compliance requirements;

• 401 KAR 50:060. Enforcement. This administrative regulation provides for enforcement of the terms and conditions ofpermits and compliance schedules;

# 2 • 401 KAR 50:065. Conformity of general federal actions. The federal regulation incorporated by reference in this administrative regulation provides for determining the conformity of general federal actions tothe SIP. 40 CFR 51.850 to 51.860 require that the applicable federal agencies implement the conformity determination in consultation with agencies of the Commonwealth of Kentucky;

• 401 KAR 50:066. Conformity of transportationplans, programs, and projects. This administrative regulation adopts the Federal Transportation Conformity Rules as codified in 40 C.F.R. Part 93 Subpart A and incorporates a guidance document that establishes criteria and procedures for the interagency consultation process used in demonstrating conformity of federal transportation plansto the Kentucky State Implementation Plan. Chapter 51Attainment and Maintenance of the National Ambient Air Quality Standards

• 401 KAR 51:001. Definitions for 401 KAR Chapter 51. This administrative regulation defines the terms used in 401 KAR Chapter 51. The definitions contained in this administrative regulation are neither more stringent nor otherwise different than the corresponding federal definitions;

• 401 KAR 51:005. Purpose and General Provisions. This administrative regulation establishes the general provisions as related tonew sources with respect to the prevention of significant deterioration of air quality and construction of stationary sources impacting on nonattainment areas;

• 401 KAR 51:010. Attainment Status Designations. This administrative regulation designates the status of all areas of the Commonwealth of Kentucky with regard to attainment of the ambient air quality standards;

• 401 KAR 51:017. Prevention of significant deterioration of air quality. This administrative regulation applies to the construction of any new major stationary source or any project at an existing major stationarysource in an area designated as attainment or unclassifiable;

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

. This administrative regulation establishes requirements for the construction or modification of stationary sources within, or impacting upon, areas where the national ambient air quality standards have not been attained;

• 401 KAR 51:150. NOx requirements for stationary internal combustion engines

. Pursuant to the federal NOx SIP Call, this administrative regulation provides for the regional control of NOx emissions by establishing requirements for large stationary internal combustion engines;

• 401 KAR 51:160. NOx requirements for large utility and industrial boilers. This administrative regulation establishes requirements for the control of NOx emissions from large boilers and turbines used in power plants and other industrial applications, pursuant to the federal mandate published under the NOx SIP Call;

• 401 KAR 51:170. NOx requirements for cement kilns. This administrative regulation provides for the regional control of NOx emissions from portland cement manufacturing plants pursuant to the federal mandate published under the NOx SIP Call;

• 401 KAR 51:180. NOx credits for early reduction and emergency. This administrative regulation provides for the distribution of NOx allowances from a compliance supplement pool allocated to Kentucky by the U.S. EPA for sources that reduce NOx emissions before the compliance deadline of the federal mandate published under the

# 3 NOx SIP Call. It also provides for setting aside unused credits to assist sources that are unable to meet the compliance deadline;

• 401 KAR 51:190. Banking and trading NOx allowances. This administrative regulation incorporates by reference the federal regulation that establishes a program for banking and trading of emission allowances to reduce NOx emissions under the federal NOx SIP Call;

• 401 KAR 51:195. NOx opt-in provisions. The federal regulation incorporated by reference in this administrative regulation establishes provisions forindividual sources to opt into the NOx Budget Trading Program;

• 401 KAR 51:210. CAIR NOx annual trading program. This administrative regulation establishes requirements for the control of NOxemissions from largeboilers and turbines used in power plants, pursuant to the federal mandate published under the Clean Air Interstate Rule (CAIR), 40 C.F.R. 96.101 to 96.188;

• 401 KAR 51:220. CAIR NOx ozone season trading program. This administrative regulation establishes requirements for the control of NOx emissions from large boilers and turbines used in power plants and otherindustrial applications,pursuant to the federal mandate published under the Clean Air Interstate Rule (CAIR), 40 C.F.R. 96.301 to 96.388;

• 401 KAR 51:230. CAIR SO2

# trading program. This administrativeregulation establishes the provisions of the CAIR SO2

# Trading Program as codified at 40 C.F.R. 96.201 to 96.288 for applicable sources locatedin the Commonwealth of Kentucky. Chapter 52 Permits, Registrations, and Prohibitory Rules.

• 401 KAR 52:001. Definitions for 401 KAR Chapter 52. This administrative regulation defines the terms used in 401 KAR Chapter 52;

• 401 KAR 52:020. Title V permits.This administrative regula tion establishes requirements for air contaminant sources located in Kentucky that are required to obtain a Title V permit;

• 401 KAR 52:030. Federally-enforceable permits for nonmajor sources.This administrative regulation establishes requirements for air contaminant sources located in Kentucky that accept emission limitations to avoid the New Source Review requirements under Title I of the Clean Air Act or the Operating Permit Program requirements under Title V of the Clean Air Act;

• 401 KAR 52:040. State-Origin Permits. This administrative regulation establishes requirements for minor sources whose permits are not required to be federally enforceable;

• 401 KAR 52:050. Permit application forms. This administrative regulation incorporates by reference the application forms used topermit air contaminant sources in Kentucky;

• 401 KAR 52:060. Acid rain permits. This administrative regulation incorporates by reference the federal acid rain provisionsas codified at 40 CFR Parts 72 to 78;

• 401 KAR 52:070. Registration of designated sources.This administrative regulation establishes the procedure for the registration of designated air contaminant sources in Kentucky;

• 401 KAR 52:090. Prohibitory rule for hot mix asphalt plants. This administrative regulation establishes production limits for hotmix asphalt plants, which keeps their

# 4 emissions below the major source threshold andavoids the necessity of having to obtain a Title V or conditional major permit;

• 401 KAR 52:100. Public, affected st ate and U.S. EPA review. This administrative regulation establishes the procedures used by the cabinet to provide for the review of federally-enforceable permits by the public,affected states, and the U.S. EPA;

• 401 KAR 53:005. General provisions. This administrative regulation is to provide for the establishment of general provisions, definitions and time schedules as they pertain to this chapter;

• 401 KAR 53:010. Ambient air quality standards. This administrative regulation is to fix ambient air quality standards necessary for the protection of the public health, the general welfare, and the property a nd people in this Commonwealth. Ambient air quality monitoring/data system: Section 110(a)(2)(B) of the CAA requires SIPs to include provisions to provide for establishment and operation of ambient air quality monitors, collecting and analyzing ambient air quality data, and presentation of these data available 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;

• 401 KAR 50:050.Monitoring. This administrative regulation establishes requirements for stack gas monitoring, ambient air monitoring, and recording and reporting requirements as related to monitoring data;

• 401 KAR 51:017. Prevention of significant deterioration of air quality. This administrative regulation applies to the construction of any new major stationary source or any project at an existing major stationarysource in an area designated as attainment or unclassifiable;

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

. This administrative regulation establishes requirements for the construction or modification of stationary sources within, or impacting upon, areas where the national ambient air quality standards have not been attained;

• 401 KAR 53:005. General provisions. This administrative regulation is to provide for the establishment of general provisions, definitions and time schedules as they pertain to this chapter;

• 401 KAR 53:010. Ambient Air Quality Standards. This administrative regulation establishes ambient air quality standards necessary for the protection of the public health, welfare, and property. Program for enforcement of control measures:Section 110(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.

# 5 Kentucky Authority:

• 401 KAR 50:060.Enforcement. This administrative regulation provides for enforcement of the terms and conditions of permits and compliance schedules;

• 401 KAR 51:017. Prevention of Significant Deterioration of Air Quality. This administrative regulation applies to the construction of any new major stationary source or any project at an existing major stationarysource in an area designated as attainment or unclassifiable;

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

. This administrative regulation establishes requirements for the construction or modification of stationary sources within, or impacting upon, areas where the national ambient air quality standards have not been attained;

• 401 KAR 51:001, 51:017 and 51:052. These regulations were amended to adopt federal revisions to the lists of major sources relating to PSD, NSR and Title V applicability, removed the existing requirements for clean units and pollution control projects, and added nitrogen oxides as a precursor toozone formation. These amendments became effective in Kentucky on February 5, 2010,were submitted to EPA on February 22, 2010, and were officially approved to the SIP in 75 FR 55988, on September 15, 2010;

• 401 KAR 51:001 and 52:001. These regulationswere amended to include federal definition changes significant to Kentucky’s permitting byestablishing thresholds for the regulation and permitting of greenhouse gas emissions. These amendments became effective in Kentucky on January 3, 2011, were submitted to EPA on December 13, 2010 and were officially approved to the SIP in 75 FR 81868, December 29, 2010;

• 401 KAR 51:001, 51:017 and 51:052. These regulations were amended to adopt revisions to the NSR/PSD programs consistent with the PM2.5

# NAAQS implementation. The Division filed the proposed administrative regulation amendments with the Legislative Research Commission June 14, 2012 and EPA on June 19, 2012. 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 from contributing significantly to nonattainment of the NAAQS in another State.States are required to submit 110(a)(2)(D)(i) plans to demonstrate compliance with these provisions. Kentucky Authority:

• Finding regarding section 110(a)(2)(D)(i) promulgated submitted on 12/10/07 for the 1997 8-hour ozone and PM2.5

# National Ambient Air Quality Standards;

• Kentucky submitted the 110(a)(1) plan on 12/7/07 for the 1997 8-hour ozone and PM2.5 

# NAAQS;

• Kentucky’s regulations in response to the Clean Air Interstate Rule (CAIR) were approved 10/4/07 (72 FR 56623);

• The Final Regional Haze SIP was submittedto U.S. EPA on 6/25/08, and EPA published a limited approval and limited disapprovalon March 30, 2012 effective April 30, 2012;

• The Final 8-Hour Ozone Attainment Demonstration for Boone, Campbell, and Kenton counties, Kentucky, was submitted to U.S. EPA on 12/07/07;

• The Final PM2.5

# Attainment Demonstration for Jefferson, Bullitt, Boone, Campbell, Kenton, Boyd, and a portion of Lawrence counties, Kentucky, was submitted to U.S. EPA on 12/03/08;

# 6 • 401 KAR 51:010. Attainment Status Designations. This administrative regulation designates the status of all areas of the Commonwealth of Kentucky with regard to attainment of the ambient air quality standards;

• 401 KAR 51:017. Prevention of significant deterioration of air quality. This administrative regulation applies to the construction of any new major stationary source or any project at an existing major stationarysource in an area designated as attainment or unclassifiable;

• Regulation 401 KAR 51:052.Review of new sources in or impacting upon nonattainment areas, Section 1 applies to a new major stationary source or project that is a major modification at an existing major source and locates in or impacts upon an area designated nonattainment under42 U.S.C. 7407(d)(1)(A)(i);

• 401 KAR 52:100. Public, affected state, and U.S. EPA reviewSection 6 requires that public notice to permit actions shallbe provided to affected states. Adequate resources: Section 110(a)(2)(E) of the CAA requires states to provide for adequate personnel, funding and legal authority under State law to carry outits SIP and related issues, and that the state complies with the requirements state boards under section 7428, State Boards. 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;

• KRS 224.10-100. Powers and Duties of the Cabinet, Section (11) provides for the authority to accept, receive, and administer grants or other funds or gifts from public and private agencies including the federal government for the purpose of carrying out any of the functions of the cabinet;

• KRS 224.10-020, Departments within the cabinet – Offices and divisions within the departments – Appointments,describes who is authorized in the Commonwealth to approve Air permits and enforcement orders and appeals thereof;

• 401 KAR 50:038. Air Emissions Fee.This administrative regulation provides for the assessment of fees necessary to fund the state Title V permit program;

• KRS 11A.020. Public servant prohibited from certain conduct—Exception—Disclosure of personal or private interest, requires adequate disclosureof any potential conflicts of interest;

• KRS 11A.030 Considerations in determination to abstain from action on official decision – Advisory opinion, proscribes guidelines for determining whether to abstain from action on an official decision because ofa possible conflict of interest;

• KRS 11A.040Acts prohibited for public servant or officer – Exception. Stationary source monitoring system:Section 110(a)(2)(F) of the CAA requires States to establish a system to monitor emissions from stationary sources and to submit periodic emissions reports. Kentucky Authority:

• Chapter 50 General Administrative Procedures;

# 7 • 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;

• 401 KAR 50:055 General Compliance Requirements, Section 1 Emission During Shut Down Malfunction.

Emergency power: Section 110(a)(2)(G) of the CAA requires States to provide for authority to address activities causing imminent and substantial endangerment to public health, including contingency plans to implement the emergency episode provisions in their SIPs. Kentucky Authority:

• Chapter 55Emergency Episodes

. • 401 KAR 55:005. Significant Harm Criteria, Section 1 Purpose defines those levels of pollutant concentration which must be prevented in order to avoid significant harm to the health of persons;

• 401 KAR 55:010. Episodic Criteria. The administrative regulation defines those levels of pollutant concentrations which justify the proclamation of an air pollution alert, air pollution warning, an air pollution emergency;

• 401 KAR 55:015. Episode Declaration. This administrative regulation provides for the curtailment or reduction of processes or operations which emit an air contaminant or an air contaminant precursor whose criteria has been reached and are located in the affected areas for which an episode level has been declared;

• All of Kentucky is considered a Priority III Area, and therefore no emergency episode plan for PM2.5

# is required;

• An emergency episode was already included for the 1-hour ozone standard and would suffice for the 8-hour ozone standard.
Future SIP revisions: Section 110(a)(2)(H) of the CAA requires States to have the authority to revise their SIPs 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 53Ambient Air Quality

. • 401 KAR 53:005. General Provisions;

• 401 KAR 53:010.Ambient Air Quality Standards. This administrative regulation is to fix ambient air quality standards necessary for the protection of the public health, the general welfare, and the property and people in this Commonwealth;

• 401 KAR 51:010. Attainment Status Designations. This administrative regulation contains provisions for the cabinet to review applicable data and submit to U.S. EPA revisions to the attainment-nonattainment list pursuant to 42 U.S.C. 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 carrying out NAAQS implementation requirements pursuant toCAA Section 121 relating to consultation.

# 8 Kentucky Authority:

• 401 KAR 50:055. General compliance requirements. This administrative regulation establishes requirements for compliance during shutdown and malfunctions; establishes requirements for demonstrating compliance with standards; establishes requirements for compliance when a source is relocated withinthe Commonwealth of Kentucky; and other general compliance requirements;

• 401 KAR 50:060. Enforcement. This administrative regulation provides for enforcement of the terms and conditions ofpermits and compliance schedules;

• 401 KAR 50:065. Conformity of general federal actions. The federal regulation incorporated by reference in this administrative regulation provides for determining the conformity of general federal actions to the State Implementation Plan (SIP). 40 CFR 51.850 to 51.860 require that the applicable federal agencies implement the conformity determination in consultation with agencies of the Commonwealth of Kentucky;

• 401 KAR 50:060.Enforcement. This administrative regulation provides for enforcement of the terms and conditions of permits and compliance schedules;

• 401 KAR 50:066. Conformity of Transportation Plans, Programs, and Projects. This administrative regulation establishes criteria and procedures for the interagency consultation process used in demonstrating conformity of federal transportation plans to the SIP;

• 401 KAR 51:017. Prevention of Significant Deterioration of Air Quality.This administrative regulation applies to the construction of any new major stationary source or any project at an existing major stationarysource in an area designated as attainment or unclassifiable;

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

. This administrative regulation establishes requirements for the construction or modification of stationary sources within, or impacting upon, areas where the national ambient air quality standards have not been attained;

• 401 KAR 51:001, 51:017 and 51:052. These regulations were amended to adopt federal revisions to the lists of major sources relating to PSD, NSR and Title V applicability, removed the existing requirements for clean units and pollution control projects, and added nitrogen oxides as a precursor to ozone formation. These amendments became effective in Kentucky on February 5, 2010,were submitted to EPA on February 22, 2010, and were officially approved to the SIP in 75 FR 55988, on September 15, 2010;

• 401 KAR 51:001 and 52:001. These regulations were amended to include federal definition changes significant to Kentucky’spermitting by establishing thresholds for the regulation and permitting of greenhouse gas emissions. These amendments became effective in Kentucky on January 3, 2011, were submitted to EPA on December 13, 2010 and were officially approved to the SIP in 75 FR 81868, December 29, 2010;

• 401 KAR 51:001, 51:017 and 51:052. These regulations were amended to adopt revisions to the NSR/PSD programs consistent with the PM2.5

# NAAQS implementation. The Division filed the proposed administrative regulation amendments with the Legislative Research Commission June 14,2012 and EPA on June 19, 2012;

• KAR 52:100. Public, Affected State, and U.S. EPA Review

. This administrative regulation establishes the procedures used by the cabinet to provide for the review of federally-enforceable permits by the public,affected states, and the U.S. EPA.

# 9 Public notification: Section 110(a)(2)(J) of the CAA further requires States to notify the public if NAAQS are exceeded in an area and to enhancepublic awareness of measure that can be taken to prevent exceedances. Kentucky Authority:

• 401 KAR 51:001. Definitions for 401 KAR Chapter 51. This administrative regulation defines the terms used in 401 KAR Chapter 51. The definitions contained in this administrative regulation are neither more stringent nor otherwise different than the corresponding federal definitions;

• 401 KAR 51:005. Purpose and General Provisions. This administrative regulation establishes the general provisions as related tonew sources with respect to the prevention of significant deterioration of air quality and construction of stationary sources impacting on nonattainment areas;

• 401 KAR 51:010. Attainment Status Designations. This administrative regulation designates the status of all areas of the Commonwealth of Kentucky with regard to attainment of the ambient air quality standards;

• 401 KAR 51:017. Prevention of significant deterioration of air quality. This administrative regulation applies to the construction of any new major stationary source or any project at an existing major stationarysource in an area designated as attainment or unclassifiable;

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

. This administrative regulation establishes requirements for the construction or modification of stationary sources within, or impacting upon, areas where the national ambient air quality standards have not been attained;

• 401 KAR 51:150. NOx requirements for stationary internal combustion engines

. Pursuant to the federal NOx SIP Call, this administrative regulation provides for the regional control of NOx emissions by establishing requirements for large stationary internal combustion engines;

• 401 KAR 51:160. NOx requirements for large utility and industrial boilers. This administrative regulation establishes requirements for the control of NOx emissions from large boilers and turbines used in power plants and other industrial applications, pursuant to the federal mandate published under the NOx SIP Call;

• 401 KAR 51:170. NOx requirements for cement kilns. This administrative regulation provides for the regional control of NOx emissions from portland cement manufacturing plants pursuant to the federal mandate published under the NOx SIP Call;

• 401 KAR 51:180. NOx credits for early reduction and emergency. This administrative regulation provides for the distribution of NOx allowances from a compliance supplement pool allocated to Kentucky by the U.S. EPA for sources that reduce NOx emissions before the compliance deadline of the federal mandate published under the NOx SIP Call. It also provides for setting aside unused credits to assist sources that are unable to meet the compliance deadline;

• 401 KAR 51:190. Banking and trading NOx allowances. This administrative regulation incorporates by reference the federal regulation that establishes a program for banking

# 10 and trading of emission allowances to reduce NOx emissions under the federal NOx SIP Call;

• 401 KAR 51:195. NOx opt-in provisions. The federal regulation incorporated by reference in this administrative regulation establishes provisions forindividual sources to opt into the NOx Budget Trading Program;

• 401 KAR 51:210. CAIR NOx annual trading program. This administrative regulation establishes requirements for the control of NOxemissions from largeboilers and turbines used in power plants, pursuant to the federal mandate published under the Clean Air Interstate Rule (CAIR), 40 C.F.R. 96.101 to 96.188;

• 401 KAR 51:220. CAIR NOx ozone season trading program. This administrative regulation establishes requirements for the control of NOx emissions from large boilers and turbines used in power plants and otherindustrial applications,pursuant to the federal mandate published under the Clean Air Interstate Rule (CAIR), 40 C.F.R. 96.301 to 96.388;

• 401 KAR 51:230. CAIR SO2

# trading program. This administrativeregulation establishes the provisions of the CAIR SO2

# Trading Program as codified at 40 C.F.R. 96.201 to 96.288 for applicable sources locatedin the Commonwealth of Kentucky;

• 401 KAR 52:100. Public, Affected State, and U.S. EPA Review. This administrative regulation establishes the procedures used by the cabinet to provide for the review of federally-enforceable permits by the public,affected states, and the U.S. EPA.

PSD and visibility protection: Section 110(a)(2)(J) of the CAA also requires States to meet applicable requirements of Part C related to PSD and visibility protection. Kentucky Authority:

• 401 KAR 51:005. Purpose and General Provisions. This administrative regulation establishes the general provisions as related tonew sources with respect to the prevention of significant deterioration of air quality and construction of stationary sources impacting on nonattainment areas;

• 401 KAR 51:010. Attainment Status Designations. This administrative regulation designates the status of all areas of the Commonwealth of Kentucky with regard to attainment of the ambient air quality standards;

• 401 KAR 51:017. Prevention of significant deterioration of air quality. This administrative regulation applies to the construction of any new major stationary source or any project at an existing major stationarysource in an area designated as attainment or unclassifiable;

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

. This administrative regulation establishes requirements for the construction or modification of stationary sources within, or impacting upon, areas where the national ambient air quality standards have not been attained;

• 401 KAR 63:005. Open Burning.This administrativeregulation establishes requirements for the control of open burning;

• 401 KAR 63:010. Fugitive Emissions. This administrative regulation provides for the control of fugitive emissions.

# 11 Air quality modeling/data: Section 110(a)(2)(K) of the CAA 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 Authority:

• 401 KAR 50:040. Air Quality Models. This administrative regulation specifies general provisions for the use of air quality models;

• 401 KAR 50:050.Monitoring

. Permitting fees: Section 110(a)(2)(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 Authority:

• 401 KAR 50:038. Air Emissions Fee. This administrative regulation provides for the assessment of fees necessary to fund the state permit program. Consultation/participation by affected local entities: Section 110(a)(2)(M) of the CAA requires States to provide for consultation and pa rticipation in SIP development by local political subdivision affected by the SIP. Kentucky Authority:

• 401 KAR 50:066. Conformity of transportationplans, programs, and projects. This administrative regulation adopts the Federal Transportation Conformity Rules as codified in 40 C.F.R. Part 93 Subpart A and incorporates a guidance document that establishes criteria and procedures for the interagency consultation process used in demonstrating conformity of federal transportation plansto the Kentucky State Implementation Plan;

• 401 KAR 52:100. Public, Affected State, and U.S. EPA Review. This administrative regulation establishes the procedures used by the cabinet to provide for the review of federally-enforceable permits by the public,affected states, and the U.S. EPA;

• KRS Chapter 77. Air Pollution Control, provides for the creation of each county to development an air pollution control district.

# 1 STATEMENT OF CONSIDERATION
RELATING TO SIP REVISION FOR THE STATE IMPLEMENTATION PLAN (SIP) THAT DOCUMENTS THE CLEAN AIR ACT (CAA) REQUIREMENTS OF SECTION 110(A) INFRASTRUCTURE PROVISIONSADDRESSING THE REQUIREMENTS FOR THE 1997 AND 2006 PM2.5,

# THE 2008 8-HOUR OZONE, AND THE 2008 LEAD NATIONAL AMBIENT AIR QUALITY STANDARDS (NAAQS). Amended After Comments 

# Energy and Environment Cabinet Department for Environmental Protection Division for Air Quality A public comment period was open to receive comments on the State Implementation Plan (SIP) revision to document the Clean Air Act (CAA) requirements of Section 110(a) infrastructure provisions addressing the National Ambient Air Quality Standards (NAAQS) requirements for the 1997 and 2006 PM2.5

# , and the 2008 8-hour ozone and lead standards. No request for a public hearing was received therefore a previously scheduled hearing was cancelled. The following individuals from the Kentucky Environmental and Public Protection Cabinet drafted responses to comments received during the public review period. John Gowins, Environmental Control Supervisor, Divisionfor Air Quality Response to Comments for the proposed revisionto the State Implementation Plan (SIP) to address Clean Air Act Section 110 requirements for the 1997 and 2006 PM 2.5, and the 2008 8-hour ozone and lead National Ambient Air Quality Standards (NAAQS).

1. Comment:KRS 11A.020(3) appears todescribe the disclosurerequirements applicable to public servants when they abstain from action on an official decision for which the Commonwealth has or may have a personal or private interest, but a provision actually requiring this abstention is not obvious. Please provide clarification on whether there is a requirement in a different provision to address this abstention, or if section 11A.020 is interpreted by the Commonwealth as the basis for the abstention requirement. R. Scott Davis, U.S. EPA Response:The Cabinet acknowledges this comment. After further discussions between counsel for the Cabinet and EPA, it was agreedthat this requirement would be satisfied by the inclusion of KRS 11A.030 Considerations in determination to abstain from action on official decision – Advisory opinion,and KRS 11A.040 Acts prohibited for public servant or officer – Exception

. 2. Comment:Based on information provided in thisprehearing submittal, it appears that 128(a)(1) is not applicable in the Commonwealth because there are no “boards or bodies”

# 2 that approve CAA permits or enforcement orders. Please clarify and/or confirm this point through a citation to the provisions that describe who is authorized in the Commonwealth to approve Air permits and enforcement orders and appeals thereof. R. Scott Davis, U.S. EPA Response: The Cabinet acknowledges this comment. KRS 224.10-020, Departments within the cabinet – Offices and divisionswithin the departments – Appointmentswhich provides the provisions that describe who is authorized in the Commonwealth to approve Air permits and enforcement orders and appeals thereof has been included to be incorporated into the SIP.
3. Comment:Regarding reference to section 110(a)(2)(E)(i) on Page 6, EPA recommends the Commonwealth reference “110(a)(2)(E)” in its efforts to establish how the Commonwealth is addressing compliance for the entire element. R. Scott Davis, U.S. EPA Response:The Cabinet acknowledges this commentand the narrative has been changed as suggested.
4. Comment:Section 110(a)(2)(C) of the CAA establishes that states are required to have SIP-approved prevention of significant deterioration (PSD) programs for enforcement of control measures including review of proposed new sources to implement the national ambient air quality standards (NAAQS). Stateswere required to submit a SIP revision to EPA on May 16, 2011, to adopt the new source review (NSR) requirements established in the 2008 NSR PM2.5

# Implementation Rule. Additionally the PM2.5

# PSD Increment requirements established in the October 20, 2010, PSD Increment, Significant Impact Levels and Significant Monitoring Concentrations, are due to EPA July 20, 2012. In order to comply with110(a)(2)(C) for the PM2.5

# NAAQS, states are required to approve into its SIP the 2008 NSR PM2.5

# requirements. EPA recommends the Commonwealth clarify its intentions regarding meeting the SIP requirements of the 2008 NSR PM2.5

# Rule and compliance with 110(a)(2)(C) of the CAA. R. Scott Davis, U.S. EPA Response:The Cabinet acknowledges this comment. The Division filed proposed administrative regulation amendments withthe Legislative Research Commission and EPA on June 14, 2012 to adopt revisions tothe NSR program consistent with the PM2.5 

# NAAQS implementation.

5. Comment:The cover letter states that the submittal is for the NAAQS requirements for “PM 2.5

# , 8-hour ozone, and lead.” EPA suggests the Commonwealth specify in the final SIP package cover letter, which NAAQS the infrastructure submittal is addressing (e.g., 1997 and 2006 PM 2.5

# and 2008 ozone and lead NAAQS). R. Scott Davis, U.S. EPA

# 3 Response:The Cabinet acknowledges this comment.The cover letter has been changed to include the dates as suggested.
6. Comment:Kentucky’s compliance with section 110(a)(2)(G) states “All of Kentucky is considered a Priority III area, and therefore no emergency episode plan for PM2.5

# is required.” It appears this statement was established based on the PM2.5

# NAAQS levels in the state during the time of the Commonwealth’s September 19, 2008, correspondence to EPA regarding Emergency Episode and may not reflect current PM2.5

# NAAQS levels in the Commonwealth. Consistent with 40 CFR 51.153(a), EPA recommends the Commonwealth review the most recent three years of air quality monitoring data for the PM2.5

# NAAQS for the purposes of this submittal to ensure that no area in the Commonwealth has exceeded the 24-hour PM2.5

# level of 140.4 micrograms per cubic meter (μg/m3

# ). EPA also recommends that the Commonwealth revise the statement at 110(a)(2)(G) as the following: “Based upon the most recent three years of air quality data, no area of the Commonwealth has exceeded the 24-hour PM 2.5 level of 140.4 μg/m3

# . Therefore, based upon EPA’s September 25, 2009 PM 2.5 infrastructure guidance memorandum, no emergency episode plan for PM2.5

# is necessary at this time.” R. Scott Davis, U.S. EPA Response:The Cabinet acknowledges this comment. The Cabinet reviewed the most recent three years of air quality monitoring data for the PM2.5

# NAAQS for the purposes of the submittal and no area in the Commonwealth has exceeded the 24-hour PM2.5

# level of 140.4 micrograms per cubic meter (μg/m3

# ).
7. Comment: EPA suggests the following edits to the Interstate transport element (a) list 401 KAR 51:001 and 51:017 to address PSD; (b) specify approval of Regional Haze SIP; and (c) clarify the appropriate 8-hour ozone and PM2.5

# NAAQS regarding the attainment demonstration reference. R. Scott Davis, U.S. EPA Response:The Cabinet acknowledges this comment.The edits to the Interstate transport element have been made.
8. Comment: Maryland finds Kentucky’s InfrastructureSIP, specifically the Clean Air Act Section 110(a)(2)(D), to be lacking the necessary control measures to effectively prohibit emissions that significantly contribute to nonattainment or interfere with maintenance in Maryland for the 2008 8-hour ozone NAAQS. CSAPR identified Kentucky as a state that significantly contributes to Maryland’s ozone nonattainment problem. George (Tad) Aburn, Maryland Response:The Cabinet does not agree. The air quality modeling toidentify downwind nonattainment and maintenance receptors for CSPAR was performed using emissions inventories developed with a 2005 base year and for 2012 and 2014 projections. This modeling did not account for reductions that have been achieved through implementation of the Clean Air Interstate Rule (CAIR). The following table shows that the actual emissions of NO2

# and VOC in Kentucky have decreased by 39% and 17% respectively;

# 4 yet the monitoring data for the Maryland monitor 24-025-1001 Hartford (Edgewood) shows that the design value for 2010 has decreased from the 2005 design value by only 3%. For 2011, the monitor design value has decreased by less than 1% of the 2005 design value. It is unlikely that Kentucky emissions are having a significant contribution to the nonattainment problem in Maryland if reductions in emissions of these magnitudes result in reductions of monitor design values of such small values.

Year KY NO2 

# Percent KY VOC Percent Maryland dv ppb Percent 2005 203,959.70 48,835.72 99 2010 124,662.91 -39% 40,426.22 -17% 96 -3%
A review of the monitors located betweenKentucky and Maryland was performed using the 2010 3-year design values. The design valuesfor these monitors further indicate that whatever leads to the ozone problem in Maryland, it is likely due to localized sources.

Further, a 2011 Congested Corridors Report1

# identified 13 corridors in Washington D.C. and 5 corridors in Baltimore as highly congested, which contributesignificantly to the nonattainment problemfor Maryland. An analysis of the ten highest monitored values for this site was performed using the NOAA hysplit back-trajectory model. The air column passed through Kentucky during

1 Texas Transportation Institute, The Texas A&M University System http://mobility.tamu.edu November 2011

# 5 only 8 of the 30 days reviewed. On the daysof the highest readings for each year 2009- 2010-2011 at the Edgewood monitor the air column did not pass over Kentucky.
9. Comment:Kentucky’s Infrastructure SIP purports to comply with the interstate transport requirements of Section 110(a)(2)(D) through the implementation of the NOx SIP Call reductions and the Clean Air Interstate Rule (CAIR), or its replacement, CSAPR. Maryland strongly believes that these measures alone, even with the reinstatement of CSAPR, are insufficient to address transported pollution with regard to the 2008 8-hour ozone NAAQS. In fact, CSAPR and CAIR were designed only to address the 0.08 parts per million (ppm) 8-hour ozone NAAQS. These federal measures do not eliminate significant contributions under the 0.075 ppm 8-hour ozone NAAQS. George (Tad) Aburn, Maryland Response:The Cabinet does not agree. See response to comment 8 above. Further, given the unrecognized reductions accomplished by CAIR, coupled with those expected and in some cases already underway due to CSAPR and the Mercury Air Toxics rule (MATS) significant localized and downwind benefits are already being achieved.
10. Comment:Pursuant to the “good neighbor” provisions of Section 110(a)(2)(D), States will need to develop and commit to implementation of regulations in their Infrastructure SIPs to achieve VOC and NOx reductions from various emissions sources such that the State’s significant contribution to nonattainment or interference with maintenance in downwind states is eliminated. George (Tad) Aburn, Maryland Response:The Cabinet does not agree. See response to comment 8 above.
11. Comment:From our preliminary modeling, a NOx budget from all sources sectors in Kentucky of 146,315 tons per year would satisfy the requirements for Section l10(a)(2)(D). George (Tad) Aburn, Maryland Response:The Cabinet acknowledges this comment.See response to comment 8 above.

12. Comment:Maryland believes Kentucky and all states that have been demonstrated to significantly impact downwind receptors, which include Maryland, should expeditiously implement control programs that address NOx and VOC emissions. George (Tad) Aburn, Maryland
Response:The Cabinet does not agree.As stated previously,measures under CAIR have been implemented and further emissions reductions expected to be implemented due to the CSAPR and MATS rules are underway2



# .

2 PSC Approves LG&E and KU Plan for Gas-fired Power Plants http://psc.ky.gov/agencies/psc/press/052012/0503_r01.PDF

# 224.10
-100 Powers and duties of cabinet.

In addition to any other powers and duties vested in it by law, the cabinet shall have the authority, power, and duty to: (1) Exercise general supervision of the administration and enforcement of this chapter, and all rules, regulations, and orders promulgated thereunder; (2) Prepare and develop a comprehensive plan or plans related to the environment of the Commonwealth; (3) Encourage industrial, commercial, residential, and community development which provides the best usage of land areas, maximizes environmental benefits, and minimizes the effects of less desirable environmental conditions; (4) Develop and conduct a comprehensive program for the management of water, land, and air resources to assure their protection and balance utilization consistent with the environmental policy of the Commonwealth; (5) Provide for the prevention, abatement, and control of all water, land, and air pollution, including but not limited to that related to particulates, pesticides, gases, dust, vapors, noise, radiation, odor, nutrients, heated liquid, or other contaminants; (6) Provide for the control and regulation of surface coal mining and reclamation in a manner to accomplish the purposes of KRS Chapter 350; (7) Secure necessary scientific, technical, administrative, and operational services, including laboratory facilities, by contract or otherwise; (8) Collect and disseminate information and conduct educational and training programs relating to the protection of the environment; (9) Appear and participate in proceedings before any federal regulatory agency involving or affecting the purposes ofthe cabinet; (10) Enter and inspect any property or premises for the purpose of investigating either actual or suspected sources of pollution or contamination or for the purpose of ascertaining compliance or noncompliance with this chapter, or any regulation which may be promulgated thereunder; (11) Conduct investigations and hold hearings and compel the attendance of witnesses and the production of accounts, books, and records by the issuance of subpoenas; (12) Accept, receive, and administer grants or other funds or gifts from public and private agencies including the federal government for the purpose of carrying out any of the functions of the cabinet. The funds received by the cabinet shall be deposited in the State Treasury to the account of the cabinet; (13) Request and receive the assistance of any state or municipal educational institution, experiment station, laboratory, or other agency when it is deemed necessary or beneficial by the cabinet in the performance of its duties; (14) Advise, consult, and cooperate with other agencies of the Commonwealth, other states, the federal government, and interstate and interlocal agencies, and affected persons, groups, and industries;

# (15) Formulate guides for measuring presently unidentified environmental values and

relationships so they can be given appropriate consideration along with social, economic, and technical considerations in decision making; (16) Monitor the environment to afford more effective and efficient control practices, to identify changes and conditions in ecological systems, and to warn of emergency conditions; (17) Adopt, modify, or repeal with the recommendation of the commission any standard, regulation, or plan specified in KRS 224.01

-110 (5) and (6); (18) Issue, after hearing, orders abating activities in violation of this chapter, or the provisions of this chapter, or the regulations promulgated pursuant thereto and requiring the adoption of the remedial measures the cabinet deems necessary; (19) Issue, continue in effect, revoke, modify, suspend, or deny under such conditions as the cabinet may prescribe and require that applications be accompanied by plans, specifications, and other information the cabinet deems necessary for the following permits: (a) Permits to discharge into any waters of the Commonwealth, and for the installation, alteration, expansion, or operation of any sewage system; however, the cabinet may refuse to issue the permits to any person, or any partnership, corporation, etc., of which the person owns more than ten percent (10%) interest, who has improperly constructed, operated, or maintained a sewage system willfully, through negligence, or because of lack of proper knowledge or qualifications until the time that person demonstrates proper qualifications to the cabinet and provides the cabinet with a performance bond; (b) Permits for the installation, alteration, or use of any machine, equipment, device, or other article that may cause or contribute to air pollution or is intended primarily to prevent or control the emission of air pollution; or (c) Permits for the establishment or construction and the operation or maintenance of waste disposal sites and facilities; (20) May establish, by regulation, a fee or schedule of fees for the cost of processing applications for permits authorized by this chapter, and for the cost of processing applications for exemptions or partial exemptions which may include but not be limited to the administrative costs of a hearing held as a result of the exemption application, except that applicants for existing or proposed publicly owned facilities shall be exempt from any charge, other than emissions fees assessed pursuant to KRS 224.20

-050, and that certain nonprofit organizations shall be charged lower fees to process water discharge permits under KRS 224.16

-050(5); (21) May require for persons discharging into the waters or onto the land of the Commonwealth, by regulation, order, or permit, technological levels of treatment and effluent limitations; (22) Require, by regulation, that any person engaged in any operation regulated pursuant to this chapter install, maintain, and use at such locations and intervals as the cabinet may prescribe any equipment, device, or test and the methodologies and

# procedures for the use of the equipment, device, or test to monitor the nature and

amount of any substance emitted or discharged into the ambient air or waters or land of the Commonwealth and to provide any information concerning the monitoring to the cabinet in accordance with the provisions of subsection (23) of this section; (23) Require by regulation that any person engaged in any operation regulated pursuant to this chapter file with the cabinet reports containing information as to location, size, height, rate of emission or discharge, and composition of any substance discharged or emitted into the ambient air or into the waters or onto the land of the Commonwealth, and such other information the cabinet may require; (24) Promulgate regulations, guidelines, and standards for waste planning and management activities, approve waste management facilities, develop and publish a comprehensive statewide plan for nonhazardous waste management which shall contain but not be limited to the provisions set forth in KRS 224.43

-345, and develop and publish a comprehensive statewide plan for hazardous waste management which shall contain but not be limited to the following: (a) A description of current hazardous waste management practices and costs, including treatment and disposal, within theCommonwealth; (b) An inventory and description of all existing facilities where hazardous waste is being generated, treated, recycled, stored, or disposed of, including an inventory of the deficiencies of present facilities in meeting current hazardous waste management needs and a statement of the ability of present hazardous waste management facilities to comply with state and federal laws relating to hazardous waste; (c) A description of the sources of hazardous waste affecting the Commonwealth including the types and quantities of hazardous waste currently being generated and a projection of such activities as can be expected to continue for not less than twenty (20) years into the future; and (d) An identification and continuing evaluation of those locations within the Commonwealth which are naturally or may be engineered to be suitable for the establishment of hazardous waste management facilities, and an identification of those general characteristics, values, and attributes which would render a particular location unsuitable, consistent with the policy of minimizing land disposal and encouraging the treatment and recycling of the wastes. The statewide waste management plans shall be developed consistent with state and federal laws relating to waste; (25) Perform other acts necessary to carry out the duties and responsibilities described in this section; (26) Preserve existing clean air resources while ensuring economic growth by issuing regulations, which shall be no more stringent than federal requirements, setting maximum allowable increases from stationary sources over baseline concentrations

# of air contaminants to prevent significant deterioration in areas meeting the state

and national ambient air quality standards; (27) Promulgate regulations concerning the bonding provisions of subsection (19)(a) of this section, setting forth bonding requirements, including but not limited to requirements for the amount, duration, release, and forfeiture of the bonds. All funds from the forfeiture of bonds required pursuant to this section shall be placed in the State Treasury and credited to a special trust and agency account which shall not lapse. The account shall be known as the "sewage treatment system rehabilitation fund" and all moneys placed in the fund shall be used for the elimination of nuisances and hazards created by sewage systems which were improperly built, operated, or maintained, and insofar as practicable be used to correct the problems at the same site for which the bond or other sureties were originally provided; and (28) Promulgate administrative regulations not inconsistent with the provisions of law administered by the cabinet.

Effective: August 30, 2007 History: Amended 2007 (2d Extra. Sess.) Ky. Acts ch. 1, sec. 42, effective August 30, 2007.

-- Amended 1994 Ky. Acts ch. 162, sec. 3, effective July 15, 1994.

-- Amended 1990 Ky. Acts ch. 325, sec. 15, effective July 13, 1990; and ch. 412, sec. 1, effective July 13, 1990.

-- Amended 1986 Ky. Acts ch. 455, sec. 1, effective July 15, 1986.

-- Amended 1984 Ky. Acts ch. 111, sec. 109, effective July 13, 1984.

-- Amended 1980 Ky. Acts ch. 264, sec. 2; and ch. 377, sec. 10, effective July 15, 1980.

-- Amended 1978 Ky. Acts ch. 113, sec. 3, effective June 17, 1978; and ch. 266, sec. 2, effective June 17, 1978.

-- Amended 1974 Ky. Acts ch. 355, sec. 2, effective June 21, 1974.

-- Created 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 3, effective January 1, 1973. Formerly codified as KRS 224.033 Legislative Research Commission Note (9/28/93). The Division of Energy within the Department for Natural Resources of the Natural Resources and Environmental Protection Cabinet was made "responsible for subsections (28) and (29)" of this statute by 1990 Ky. Acts, ch. 325, sec. 14. Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts ch. 123, sec. 5, codified at KRS 224.10

-103, provides that the Division of Energy and all "personnel, functions, powers, and duties of the Division of Energy shall be transferred to the Tourism Development Cabinet." The abolition of the Tourism Development Cabinet and creation of the Commerce Cabinet under Executive Order 2004

-729 were confirmed by 2005 Ky. Acts ch. 95, in which the Office of Energy Policy is established and statutory references to the "Division of Energy" are changed to the "Office of Energy Policy."

# 224.10
-020 Departments within the cabinet
-- Offices and divisions within the

departments
-- Appointments. (1) There is established within the cabinet a Department for Natural Resources, a Department for Environmental Protection, and a Department for Energy Development and Independence. Each department shall be headed by a commissioner appointed by the secretary with the approval of the Governor as required by KRS 12.050. The commissioners shall be directly responsible to the secretary and shall perform such functions, powers, and duties as provided by law and as the secretary may prescribe. (2) There is established within the Department for Natural Resources a Division of Forestry, a Division of Conservation, a Division of Technical and Administrative Support, a Division of Mine Reclamation and Enforcement, a Division of Mine Permits, a Division of Abandoned Mine Lands, a Division of Oil and Gas, and an Office of Mine Safety and Licensing. There shall be established within the Office of Mine Safety and Licensing a Division of Safety Inspection and Licensing and a Division of Safety Analysis, Training, and Certification. The Kentucky Mining Board is attached to the Office of Mine Safety and Licensing for administrative purposes. Each division shall be headed by a director and each office shall be headed by an executive director. Directors and executive directors shall be appointed by the secretary with the approval of the Governor as required by KRS 12.050, except for the director of the Division of Conservation, who shall be appointed in accordance with KRS 146.100. Both directors and executive directors shall be directly responsible to the commissioner and shall perform the functions, powers, and duties as provided by law and as prescribed by the secretary. (3) There is established within the Department for Environmental Protection a Division of Water, a Division for Air Quality, a Division of Waste Management, a Division of Enforcement, a Division of Compliance Assistance, and a Division of Environmental Program Support. Each division shall be headed by a director appointed by the secretary with the approval of the Governor as required by KRS 12.050. Directors shall be directly responsible to the commissioner and shall perform the functions, powers, and duties as provided by law and as prescribed by the secretary. (4) There is established within the Department for Energy Development and Independence a Division of Energy Efficiency and Conservation, a Division of Renewable Energy, a Division of Biofuels, a Division of Energy Generation, Transmission and Distribution, a Division of Carbon Management, and a Division of Fossil Energy Development. Each division shall be headed by a director. Directors shall be appointed by the secretary with the approval of the Governor as required by KRS 12.050.

Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 349, effective July 15, 2010.

-- Amended 2005 Ky. Acts ch. 123, sec. 21, effective June 20, 2005.

-- Amended 1996 Ky. Acts ch. 360, sec. 1, effective July 15, 1996.

-- Amended 1990 Ky. Acts ch. 399, sec. 1, effective July 13, 1990.

-- Amended 1978 Ky. Acts ch. 155, sec. 122, effective June 17, 1978.

-- Amended 1976 Ky. Acts ch. 290, sec. 1, effective June 19, 1976.

--

## Created 1974 Ky. Acts ch. 74, Art. III, sec. 2, effective June 21, 1974. Formerly codified as KRS 224.012. Legislative Research Commission Note (6/20/2005). Although 2005 Ky. Acts ch. 123,
sec. 21, contains a reference to "Section 64 of this Act" (KRS 353.510) in subsection (2) of this statute, that reference has been codified as KRS 353.530 (2005 Ky. Acts ch. 123, sec. 65) because a section was added to the introduced version of the bill in the Senate Committee Substitute, but the necessary adjustment to this internal reference was not made. This manifest typographical or clerical error and has been corrected in codification under KRS 7.136(1)(h).

# 11A.020 Public servant prohibited from certain conduct
-- Exception
-- Disclosure

of personal or private interest. (1) No public servant, by himself or through others, shall knowingly: (a) Use or attempt to use his influence in any matter which involves a substantial conflict between his personal or private interest and his duties in the public interest; (b) Use or attempt to use any means to influence a public agency in derogation of the state at large; (c) Use his official position or office to obtain financial gain for himself or any members of the public servant's family; or (d) Use or attempt to use his official position to secure or create privileges, exemptions, advantages, or treatment for himself or others in derogation of the public interest at large. (2) If a public servant appears before a state agency, he shall avoid all conduct which might in any way lead members of the general public to conclude that he is using his official position to further his professional or private interest. (3) When a public servant abstains from action on an official decision in which he has or may have a personal or private interest,he shall disclose that fact in writing to his superior, who shall cause the decision on these matters to be made by an impartial third party. (4) The prohibitions imposed by subsection (1)(c) of this section shall not apply to Professional Golfers' Association class A members who teach golf lessons and receive a fee or lesson charge at golf courses owned and operated by the Kentucky Department of Parks. Instruction provided by an employee of the Commonwealth shall only be given while the employee is on his or her own personal time. The commissioner of the Department of Parks shall promulgate administrative regulations to establish guidelines for the process by which Professional Golfers' Association class A members are approved to teach golf lessons at Kentucky Department of Parks

-owned golf courses. The exception granted by this subsection is in recognition of the benefits that will accrue to the Kentucky Department of Parks due to increased participation at state

-owned golf courses.

Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 381, sec. 1, effective July 15, 1998.

-- Created 1992 Ky. Acts ch. 287, sec. 4, effective July 14, 1992.

# 11A.030 Considerations in determination to abstain from action on official decision

-- Advisory opinion. In determining whether to abstain from action on an official decision because of a possible conflict of interest, a public servant should consider the following guidelines: (1) Whether a substantial threat to his independence of judgment has been created by his personal or private interest; (2) The effect of his participation on public confidence in the integrity of the executive branch; (3) Whether his participation is likely to have any significant effect on the disposition of the matter; (4) The need for his particular contribution, such as special knowledge of the subject matter, to the effective functioning of the executive branch; or (5) Whether the official decision will affect him in a manner differently from the public or will affect him as a member of a business, profession, occupation, or group to no greater extent generally than other members of such business, profession, occupation, or group. A public servant may request an advisory opinion from the Executive Branch Ethics Commission in accordance with the commission's rules of procedure.

Effective: July 14, 1992 History: Created 1992 Ky. Acts ch. 287, sec. 5, effective July 14, 1992.

# 11A.040 Acts prohibited for public servant or officer
-- Exception.

(1) A public servant, in order to further his own economic interests, or those of any other person, shall not knowingly disclose or use confidential information acquired in the course of his official duties. (2) A public servant shall not knowingly receive, directly or indirectly, any interest or profit arising from the use or loan of public funds in his hands or to be raised through any state agency. (3) A public servant shall not knowingly act as a representative or agent for the Commonwealth or any agency in the transaction of any business or regulatory action with himself, or with any business in which he or a member of his family has any interest greater than five percent (5%) of the total value thereof. (4) A public servant shall not knowingly himself or through any business in which he owns or controls an interest of more than five percent (5%), or by any other person for his use or benefit or on his account, undertake, execute, hold, bid on, negotiate, or enjoy, in whole or in part, any contract, agreement, lease, sale, or purchase made, entered into, awarded, or granted by the agency by which he is employed or which he supervises, subject to the provisions of KRS 45A.340. This provision shall not apply to: (a) A contract, purchase, or good faith negotiation made pursuant to KRS Chapter 416 relating to eminent domain; or (b) Agreements which may directly or indirectly involve public funds disbursed through entitlement programs; or (c) A public servant's spouse or child doing business with any state agency other than the agency by which the public servant is employed or which he supervises; or (d) Purchases from a state agency that are available on the same terms to the general public or that are made at public auction; or (e) Sales of craft items to a state park by interim state employees designated as craftspersons under KRS 148.257. (5) A public servant shall not knowingly accept compensation, other than that provided by law for public servants, for performance of his official duties without the prior approval of the commission. (6) A former officer or public servant listed in KRS 11A.010(9)(a) to (g) shall not, within six (6) months of termination of his employment, knowingly by himself or through any business in which he owns or controls an interest of at least five percent (5%), or by any other person for his use or benefit or on his account, undertake, execute, hold, bid on, negotiate, or enjoy, in whole or in part, any contract, agreement, lease, sale, or purchase made, entered into, awarded, or granted by the agency by which he was employed. This provision shall not apply to a contract, purchase, or good faith negotiation made under KRS Chapter 416 relating to eminent domain or to agreements that may directly or indirectly involve public funds disbursed through entitlement programs. This provision shall not apply to purchases from a state agency that are available on the same terms to the general

# public or that are made at public auction. This provision shall not apply to former

officers of the Department of Public Advocacy whose continued representation of clients is necessary in order to prevent an adverse effect on the client. (7) A present or former officer or public servant listed in KRS 11A.010(9)(a) to (g) shall not, within six (6) months following termination of his office or employment, accept employment, compensation, or other economic benefit from any person or business that contracts or does business with, or is regulated by, the state in matters in which he was directly involved during the last thirty

-six (36) months of his tenure. This provision shall not prohibit an individual from returning to the same business, firm, occupation, or profession in which he was involved prior to taking office or beginning his term of employment, or for which he received, prior to his state employment, a professional degree or license, provided that, for a period of six (6) months, he personally refrains from working on any matter in which he was directly involved during the last thirty

-six (36) months of his tenure in state government. This subsection shall not prohibit the performance of ministerial functions, including but not limited to filing tax returns, filing applications for permits or licenses, or filing incorporation papers, nor shall it prohibit the former officer or public servant from receiving public funds disbursed through entitlement programs. (8) A former public servant shall not act as a lobbyist or lobbyist's principal in matters in which he was directly involved during the last thirty

-six (36) months of his tenure for a period of one (1) year after the latter of: (a) The date of leaving office or termination of employment; or (b) The date the term of office expires to which the public servant was elected. (9) A former public servant shall not represent a person or business before a state agency in a matter in which the former public servant was directly involved during the last thirty

-six (36) months of his tenure, for a period of one (1) year after the latter of: (a) The date of leaving office or termination of employment; or (b) The date the term of office expires to which the public servant was elected. (10) Without the approval of his appointing authority, a public servant shall not accept outside employment from any person or business that does business with or is regulated by the state agency for which the public servant works or which he supervises, unless the outside employer's relationship with the state agency is limited to the receipt of entitlement funds. (a) The appointing authority shall review administrative regulations established under KRS Chapter 11A when deciding whether to approve outside employment for a public servant. (b) The appointing authority shall not approve outside employment for a public servant if the public servant is involved in decision

-making or recommendations concerning the person or business from which the public servant seeks outside employment or compensation.

# (c) The appointing authority, if applicable, shall file quarterly with the Executive Branch Ethics Commission a list of all employees who have been approved for outside employment along with the name of the outside employer of each. (11) The prohibitions imposed by subsection (5) or (10) of this section shall not apply to Professional Golfers' Association class A members who teach golf lessons and receive a fee or lesson charge at golf courses owned and operated by the Kentucky Department of Parks. Instruction provided by an employee of the Commonwealth shall only be given while the employee is on his or her own personal time. The commissioner of the Department of Parks shall promulgate administrative regulations to establish guidelines for the process by which Professional Golfers' Association class A members are approved to teach golf lessons at Kentucky Department of Parks

-owned golf courses. The exception granted by this subsection is in recognition of the benefits that will accrue to the Kentucky Department of Parks due to increased participation at state

-owned golf courses.

Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 68, sec. 1, effective July 12, 2006.

-- Amended 2000 Ky. Acts ch. 417, sec. 4, effective December 1, 2000; and ch. 475, sec. 2, effective July 14, 2000.

-- Amended 1998 Ky. Acts ch. 381, sec. 2, effective July 15, 1998; ch. 429, sec. 2, effective July 15, 1998; ch. 430, sec. 1, effective July 15, 1998; and ch. 602, sec. 2, effective July 15, 1998.

-- Amended 1996 Ky. Acts ch. 367,
sec. 1, effective July 15, 1996.

-- Amended 1994 Ky. Acts ch. 434, sec. 3, effective July 15, 1994.

–Created 1992 Ky. Acts ch. 287, sec. 6, effective July 14, 1992. Legislative Research Commission Note (12/1/2000). The contingency on the effectiveness of this statute set by 2000 Ky. Acts ch. 417, sec. 18, was met, the voters of the Commonwealth having ratified at the general election on November 7, 2000, a constitutional amendment (see 2000 Ky. Acts ch. 399) abolishing the Railroad Commission. Legislative Research Commission Note (7/15/98). A reference to "KRS 11A.010(9)(a) to (i)" in the former subsection (6) of this statute (now subsection (7)) has been changed in codification to "KRS 11A.010(9)(a) to (h)" under KRS 7.136(1)(e) and (h). 1998 Ky. Acts ch. 429, sec. 1, eliminated the former paragraph (g) of KRS 11A.010(9) and renumbered the remaining subsections accordingly. Other actions within Acts Chapter 429 used the "(a) to (h)" range in new language and modified existing language to use the "(a) to (h)" range. It seems clear from context, and this has been confirmed by the drafter of the bill, that this change was intended here as well but was inadvertently overlooked.

## 401 KAR51:001. Definitionsfor 401 KARChapter 51. Page 1

## of16

401 KAR51:001. Definitionsfor401 KAR Chapter51.

RELATES TO: KRS 48.010(15)(a), 224.01-010, 224.20-100, 224.20-110, 224.20-120, 40 C.F.R. Chapter I, 50 Appendices A-R, 51.100, 51.121, 51.165, 51.166, 51 Appendix S, 52.920, 53, 60, 60 Appendices A, B, 61, 61 Appendix B, 63Appendices A-D, 70.2, 75, 82, 96, 42 U.S.C. 7401-7671q STATUTORYAUTHORITY: KRS 224.10-100(5) NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100(5) requires the cabinet to promulgate administrative regulations forthe prevention, abatement, and control of air pollution. This administrative regulation defines the terms used in 401 KAR Chapter 51. The definitions contained in this administrative regulation are neither more stringent nor otherwise differentthan the corresponding federal definitions.

Section 1. Definitions. The definitionswith citations to the Code of Federal Regulations shall be governed by 40 C.F.R. Parts 50 through 96, effective July 1, 2010. (1) "Acid rain emissions limitation" means a limitation on emissions of

# so2 or NOx imposed by the Acid Rain Program under 42 U.S.C. 7651 to 7651o. (2) "Actual emissions": (a) Means the actual rate ofemissions ofa regulated NSR pollutant from an emissions unit as determined according to the following: 1. Actual emissions as of a particular date equals the average rate, in tons per year, at which the unit actually emitted the pollutant during a consecutive twenty-four (24) month period, that precedes that date and is representative of normal source operation, unless a different time period is
more representative of normal source operation; and 2. The unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time periods are used to calculate actual emissions; (b) Means source-specific allowable emissions for the unit are equivalent to actual emissions of the unit if the cabinet has made an equivalency determination pursuant to 40 C.F.R. 51.166; (c) Means, for an emissions unit that has not begun normal operations on a particulardate, the potential to emit ofthe unit on that date; and (d) Does not mean: 1. Calculating ifa significant emissions increase has occurred; or 2. Establishing a PAL under401 KAR 51:017, Section 20. (3) "Actuals PAL" or "PAL" means a plant-wide applicability limit established for a majorstationary source based on the baseline actual emissions of all emissions units at the source that emit or have the potential to emitthe PAL pollutant. (4) "Adverse impact on visibility" is defined by 40 C.F.R. 51.301. (5) "Affected facility" means an apparatus, building, operation, road, or other entity orseries ofentities that emits or may emit an air contaminant into the outdoor atmosphere. (6) "Aircontaminant" is defined by KRS 224.01-010(1). (7) "Air pollutant" means air contaminant. (8) "Air pollution" is defined by 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 regulations, vital to production ofthe normal product ofthe source orto its normal operation. (10) "Allocate" or "allocation" meansthe number of NOx allowances to be credited to a NOx budget unit. (11) "Allocation period" means each three (3) year period beginning May 1, 2004. (12) "Allowable emissions" means: (a) The emissions rate of a stationary source calculated using the maximum rated capacity ofthe source, unless the source is subject to federally enforceable limits that restrict the operating rate, hours ofoperation, or both, and the most stringent ofthe following: 1. The applicable standards codified in 40 C.F.R. Parts 60 and 61; 2. The applicable SIP emissions limitations, including those with a future compliance date; or 3. The emissions rates specified as a federally enforceable permit condition, including those with a future compliance date; or (b) For an actuals PAL, the emissions rate ofa stationary source calculated considering any emission limitations that are enforceable as a practical matteron the emissions unit's potential to emit, and the most stringent provision ofparagraph (a)1. through 3. ofthis subsection. (13) "Alteration" means: (a) The installation or replacement ofair pollution control equipment at a source; or (b) A physical change in or change in the method of operation of an affected facility that increases the potential to emit a pollutant, to which a standard applies, emitted by the facility orthat results in the emission ofan air pollutant, to which a standard applies, not previously emitted. (14) "Alternative method" is defined by 40 C.F.R. 60.2. For purposes ofthis definition, "administrator" means both the U.S. EPA and the cabinet.



## http://www.lrc.ky.gov/kar/401/051/00l.htm 4/10/2012

## 401 KAR51 :001. Definitionsfor 401 KARChapter51. Page 2 of16

(15) "Ambient air" means that portion ofthe atmosphere, externalto buildings, to which the general public has access. (16) "Ambient air quality standard" means a numerical expression of a specified concentration level for a particular air contaminant and the time averaging interval over which that concentration level is measured and is a goal to be achieved in a stated time through the application ofappropriate preventive or control measures. (17) "ANSI" means American National Standards Institute.

· (18) "AOAC" means Association ofOfficial Analytical Chemists.

(19) "ASTM" means American SocietyforTesting and Materials. (20) "Baseline actual emissions" means the rate ofemissions, in tons peryear, ofa regulated NSR pollutant, that: (a) For an existing electric utility steam generating unit (EUSGU), the unit actually emitted during any consecutive twenty-four (24) month period selected by the owner or operatorwithin the five (5) year period immediately preceding the date the owner or operator begins actual construction ofthe project, unless a differenttwenty-four (24) month time period is more representative of normal source operation. 1. The rate is an average that:
a. Includes fugitive emissions, to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions; b. Is adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive twenty-four (24) month period; and
c. Is based on any consecutive twenty-four (24) month period for which there is adequate information for determining annual emissions, in tons per year, and foradjusting this amount as necessary according to clause b. ofthis subparagraph; and 2. If a project involves multiple emissions units, only one (1) consecutive twenty-four (24) month period is used to determine the baseline actual emissions forthe emissions units being changed with a different consecutive twenty-four (24) month period allow,ed for each regulated NSR pollutant; (b) For an existing emissions unit that is not an EUSGU, the unit actually emitted during any consecutive twenty-four (24) month period selected by the owner or operator within the ten (10) year period beginning on or after November 15, 1990, and immediately preceding the earlier ofthe date the
owner or operator begins actual construction of the project or the date a complete permit application is received by the cabinet for a permit required under401 KAR 51:017 or51:052. 1 .The rate is an average that:
a. Includesfugitive emissions, to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions; b. Is adjusted downward: (i) To exclude any noncompliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive twenty-four (24) month period; (ii) To exclude any emissionsthat would have exceeded an emission limitation with which the majorstationary source is required currently to comply, ifthe source had been required to comply with the limitations during the consecutive twenty-four (24) month period; and (iii) For an emission limitation that is part of a maximum achievable control technology standard proposed or promulgated under 40 C.F.R. Part 63, only ifthe Commonwealth of Kentucky has taken credit forthe emissions reductions in an attainment demonstration or maintenance plan consistent with 40 C.F.R. 51.165(a)(3)(ii)(G); and
c. Is based on any consecutive twenty-four (24) month period for which there is adequate information for determining annual emissions, in tons per year, and for adjusting this amount as necessary according to clause b. ofthis subparagraph. 2. If a project involves multiple emissions units, only one (1) consecutive twenty-four (24) month period is used for each regulated NSR pollutant to determine the baseline actual emissions forthe emissions units being changed with a different consecutive twenty-four (24) month period; (c) For a new emissions unit, equals zero for determining the emissions increase that will result from the initial construction and operation ofthe new unit and thereafter, for all other purposes, equals the unit's potential to emit; or (d) For a PAL for a stationary source, is determined as follows: 1. For an existing EUSGU, in accordance with the procedures contained in paragraph (a) ofthis subsection; 2. For other existing emissions units, in accordance with the procedures contained in paragraph (b) ofthis subsection; and 3. For a new emissions unit, in accordance with the procedures contained in paragraph (c) ofthis subsection. (21) "Baseline area" means an intrastate area and every part ofthat area designated as attainment or unclassifiable pursuant to 42 U.S.C. 7407(d) (1)(A)(ii) or (iii) in which the major source or major modification establishing the minor source baseline date would construct orwould have an air quality impact equal to or greaterthan one (1) 1Jg/m3 annual average ofthe pollutant forwhich the minorsource baseline date is established. (a) Area redesignations under 42 U.S.C. 7407{d)(1)(A)(ii) or (iii) do not intersect and are not smaller than the area of impact of a major stationary
source or major modification that: 1. Establishes a minorsource baseline date; or 2. Is subjectto 401 KAR 51:017 and would be constructed in the Commonwealth of Kentucky.



## http://www.lrc.ky.gov/kar/401/051/001.htm 4/10/2012

## 401 KAR51:001. Definitionsfor 401 KARChapter51. Page 3of16

(b) A baseline area established originally for total suspended particulate (TSP) increments remains in effect to determine the amount of available PM 10 increments, unless the cabinet rescinds the corresponding minor source baseline date. (22) "Baseline concentration" means the ambient concentration level that exists in the baseline area on the date the applicable minor source baseline date is established. (23) "Baseline date" means major source baseline date or minor source baseline date and is established for each pollutant for which increments or other equivalent measures have been established ifthe area in which the proposed source or modification would construct is designated as attainment
or unclassifiable pursuant to 42 U.S.C. 7407(d)(1)(A)(ii) or (iii) forthe pollutant on the date ofthe source's complete application; and (a) For a major stationary source, the pollutant would be emitted in significant amounts; or (b) For a major modification, there would be a significant net emissions increase ofthe pollutant. (24) "Begin actual construction" means: (a) Initiation ofphysical on-site construction activities on an emissions unit that are ofa permanent nature and include installation ofbuilding supports and foundations, laying underground pipe work, and construction of permanent storage structures; and (b) For a change in method ofoperations, those on-site activities, other than the preparatory activities, that mark the initiation ofthe change. (25) "Best available control technology" or "BACT" means an emissions limitation, including a visible emission standard, based on the maximum degree of reduction foreach regulated NSR pollutant that will be emitted from a proposed majorstationary source or major modification and: (a) Is determined by the cabinet pursuant to 401 KAR 51 :017, Section 8, aftertaking into account energy, environmental, and economic impacts and other costs, to be achievable by the source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning ortreatment or innovativefuel combustion techniques for control ofthat pollutant; (b) Does not result in emissions ofa pollutant that would exceed the emissions allowed by an applicable standard codified in 40 C.F.R. Parts 60 and 61; and (c) Is satisfied by a design, equipment, work practice, or operational standard or combination ofstandards approved bythe cabinet, if: 1. The cabinet determines pursuant to 40 C.F.R. 51.166(b)(12) that technological or economic limitations on the application of measurement methodology to a particularemissions unitwould make the imposition ofan emissions standard infeasible; 2. The standard establishes the emissions reduction achievable by implementation ofthe design, equipment, work practice, or operation; and 3. The standard provides for compliance by means that achieve equivalent results. (26) "BOD" means biochemical oxidant demand. (27) "Boiler" means an enclosed fossil or otherfuel-fired combustion device used to produce heat and to transfer heat to recirculating water, steam,
orother medium. (28) "BTU" means British thermal unit. (29) "Building, structure, facility, or installation" means all ofthe pollutant emitting activities that: (a) Belong to the same industrial grouping or have the same two (2) digit major group code as described in the Standard Industrial Classification Manual; (b) Are located on one (1) or more contiguous or adjacent properties; (c) Are underthe control ofthe same person or persons undercommon control; and (d) Do not include the activities ofa vessel. (30) "C" means degree Celsius (centigrade). (31) "Cabinet" is defined by KRS 224.01-010(9). (32) "Cal" means calorie. (33) "Capital expenditure" is defined by 40 C.F.R. 60.2. (34) "cfm" means cubic feet per minute. (35) "CH4" means methane. (36) "Clean coal technology" is defined by 40 C.F.R. 51.166(b)(33). (37) "Clean coal technology demonstration project" is defined by 40 C.F.R. 51.166(b)(34). (38) "Clinker" means the product ofa portland cement kiln from which finished cement is manufactured by milling and grinding. (39) "CO" means carbon monoxide. (40) "C02.. means carbon dioxide. (41) "COD" means chemical oxidant demand. (42)"Combined cycle system" means a system comprised of one (1) or more combustion turbines, heat recovery steam generators, or steam turbines configured to improve overall efficiency ofelectricity generation orsteam production. (43) "Combustion turbine" means an enclosed fossil or otherfuel-fired device that is comprised ofa compressor, a combustor, and a turbine, and in



## http://www.lrc.ky.gov/kar/401/051/001.htm 4110/2012

## 401 KAR51 :001. Definitionsfor 401 KARChapter51.

which the flue gas resulting from the combustion offuel in the combustor passes through the turbine, rotating the turbine. (44) "Commence" means that an owner or operator: 

## Page4 of16

(a) Has undertaken a continuous program of construction, modification, or reconstruction of an affected facility, or that an owner or operator has entered into a contractual obligation to undertake and complete, within a reasonable time, a continuous program of construction, modification, or reconstruction ofan affected facility; or (b) For construction of a major stationary source or major modification in the PSD or NSR program, has all necessary preconstruction approvals or permits, and: 1. Has begun, or caused to begin, a continuous program ofactual on-site construction ofthe source, to be completed within a reasonable time; or 2. Has entered into binding agreements or contractual obligations, that cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program ofactual construction ofthe source to be completed within a reasonable time. (45) "Commence commercial operation" means to have begun to produce steam, gas, or other heated medium used to generate electricity for sale
or use. Except as provided in 401 KAR 51:195 or40 C.F.R. 96.5: (a) For a unit that is a NOx budget unit under40 C.F.R. 96.4, on the date the unit commences commercial operation, the date remains the unit's date ofcommencement ofcommercial operation even ifthe unit is subsequently modified, reconstructed, or repowered; or (b) Fora unit that is not a NOx budget unit under40 C.F.R. 96.4, on the datethe unit commences commercial operation, the date the unit becomes a NOx budget unit under40 C.F.R. 96.4 is the unit's date ofcommencement ofcommercial operation. (46) "Commence operation" means, for a NOx budget unit, to have begun a mechanical, chemical, or electronic process, including start-up ofa unit's combustion chamber. Except as provided in 401 KAR 51:195 or40 C.F.R. 96.5: (a) For a unit that is a NOx budget unit under 40 C.F.R. 96.4 on the date of commencement of operation, the date remains the unit's date of commencement ofoperation even ifthe unit is subsequently modified, reconstructed, or repowered; or (b) For a unit that is not a NOx budget unit under 40 C.F.R. 96.4 on the date of commencement of operation, the date the unit becomes a NOx budget unit under40 C.F.R. 96.4 is the unit's date ofcommencement ofoperation. (47) "Complete" is defined by 40 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 leading to compliancewith a limitation orstandard. (49) "Compliance supplement pool" means the quantity of NOx allowances provided to Kentucky by the U.S. EPA to be: (a) Allocated to NOx budget units that achieve early 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" means: (a) Fabrication, erection, installation, or modification ofan air contaminant source; or (b) For the NSR program, any physical change or change in the method of operation, including fabrication, erection, installation, demolition, or modification ofan emissions unit that would result in a change in the emissions at an air contaminant source. (51) "Continuous emissions monitoring system" or "CEMS" means all of the equipment necessary to meet the data acquisition and availability requirements of401 KAR 51:017 or 51:052 to sample, condition (ifapplicable), analyze, and provide a record ofemissions on a continuous basis. (52) "Continuous emission monitoring system for NOx" or "CEMS for NOx" means the equipment required to sample, analyze, measure, and provide, by readings taken at least once every fifteen (15) minutes ofthe measured parameters, a permanent record of NOx emissions, expressed in tons per hour for NOx. The following systems are necessary component parts, as required by 40 C.F.R. Part 75, included in a continuous emissions monitoring system: (a) Flow monitor; (b) NOx pollutant concentration monitor; (c) Diluent gas monitor (02 orC02); (d) Continuous moisture monitor; and (e) Automated data acquisition and handling system. (53) "Continuous emissions rate monitoring system" or "CERMS" is defined by 40 C.F.R. 51.166(b)(46). (54) "Continuous monitoring system" means the total equipment, required underthe applicable administrative regulations in 401 KAR Chapters 50 to 65, used to sample, to condition (ifapplicable), to analyze, and to provide a permanent record ofemissions or process parameters. (55) "Continuous parameter monitoring system" or "CPMS" is defined by: (a) 40 C.F.R. 51.166(b)(45) for 401 KAR 51 :017; or (b) 40 C.F.R. 51.165(a)(1)(xxxiii) for401 KAR 51:052. (56) "Control period" means the period beginning May 1 ofa year and ending on September 30 ofthe same year, inclusive



## http://www.lrc.ky.gov/kar/401/051/001.htm 4/10/2012

## 401 KAR51:001. Definitionsfor 401 KARChapter 51.

(57) "Director" means Director ofthe Division forAir Quality ofthe Energy and Environment Cabinet. (58) "District" is defined by KRS 224.01-010(11). (59) "dscf' means dry cubic feet at standard conditions. (60) "dscm" means dry cubic meterat standard conditions. 

## Page 5 of16

(61) "Electric generating unit" means, for 401 KAR 51:160 to 51:195, a fossil fuel-fired boiler, combustion turbine, or a combined cycle system used to generatetwenty-five (25) megawatts or more ofelectricity, some ofwhich is offered forsale. (62) "Electric utility steam generating unit" or "EUSGU" is defined by 40 C.F.R. 51.166(b)(30). (63) "Emission standard" means that numerical limit that fixes the amount of an air contaminant or air contaminants that may be vented into the atmosphere from an affected facility orfrom air pollution control equipment installed in an affected facility. (64) "Emissions unit" means any part ofa stationary source, including an EUSGU, that emits or has the potential to emit a regulated NSR pollutant. For401 KAR 51:017 and 51 :052, there are two (2) types ofemissions units: (a) A new emissions unit, which is any emissions unit that is or will be newly constructed and that has existed for less than two (2) years from the dale the unit first operated; and (b) An existing emissions unit, which is any emissions unit that does not meet the requirements in paragraph (a) of this subsection or is a replacement unit. (65) "Enforceable as a practical matter" meansthatthe emission orotherstandards contained in a permit or compliance schedule include: (a) Technically accurate emission standards and the**~ortions** ofthe source that are subjectto the standards; (b) A time period adequateto demonstrate compliance with the standards; and (c) The method the source shall use to achieve and demonstrate compliance with the limitations and standards, including appropriate monitoring, recordkeeping, and reporting. (66) "Equivalent method" means a method of sampling and analyzing for an air pollutant that has been demonstrated to the cabinet and the U.S. EPA pursuantto 40 C.F.R. 53.3 to have a consistent and quantitatively known relationship to the reference method, underspecified conditions. (67) "Excess NOx emissions" means any tonnage of nitrogen oxides emitted by a NOx budget unit during a control period that exceeds the NOx budget emissions limitation forthe unit. (68) "Exempt compound" or "exempt solvent" means an organic compound listed in the definition ofvolatile organic compound as not participating in atmospheric photochemical reactions. (69) "Existing source" means a sourcethat is not a new source. (70) "Extreme nonattainment county" or "extreme nonattainment area" means a county or portion ofa county designated extreme nonattainment for the national ambient air quality standard for ozone. (71) "°F" means degree Fahrenheit. (72) "Federal land manager'' is defined by 40 C.F.R. 51.166(b)(24). (73) "Federally enforceable" means all limitations and conditions that are enforceable by the U.S. EPA, including: (a) Requirements developed under40 C.F.R. Parts 60 and 61; (b) Requirements in the Kentucky State Implementation Plan (SIP) approved by the U.S. EPA; and (c) Any permit requirements established under 40 C.F.R. 52.21 or under the Kentucky SIP approved pursuant to 40 C.F.R. Part 51, Subpart I, including operating permits issued under a U.S. EPA-approved program incorporated into the SIP, that expressly requires adherence to a permit issued underthe program. (74) "Federally enforceable permit" means a permit issued under401 KAR 52:020 or52:030, as appropriate. (75) "Fixed capital cost" means the capital needed to provide all the depreciable components. (76) "Fossil fuel" means natural gas; petroleum; coal; ora form ofsolid, liquid, orgaseous fuel derived from natural gas, petroleum, orcoal. (77) "Fossil fuel fired" means, for a unit: (a) The combustion offossil fuel, alone or in combination with anotherfuel, ifthe fossil fuel combusted comprises more than fifty (50) percent ofthe annual heat input on a BTU basis during ayearstarting in 1995 or, ifa unit had no heat input starting in 1995, during the lastyear ofoperation ofthe unit priorto 1995; or (b) The combustion offossil fuel, alone or in combination with anotherfuel, ifthe fossil fuel is projected to comprise morethan fifty (50) percent ofthe annual heat input on a BTU basis during a year, and the unit is to be fossil fuel fired as ofthe date during the yearthe unit begins combusting fossil fuel. (78) "ft" means feet orfoot. (79) "Fuel" means natural gas; petroleum; coal; wood; or a form of solid, liquid, or gaseous fuel derived from these materials for the purpose of creating useful heat.



## http://www.lrc.ky.gov/kar/4011051/001.htm 4/10/2012

## 401 KAR51 :001. Definitions for 401 KARChapter51. Page 6 of16

(80) "Fugitive emissions" means those emissions that could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. (81) "g" means gram. (82) "gal" means gallon. (83) "General fund" is defined by KRS 48.010(15)(a). (84) "Generator" means a device that produces electricity. (85) "gr" means grain. (86) "HCI" means hydrochloric acid. (87) "Heat input" means the product, in MMBTU per unit oftime, ofthe gross calorific value ofthe fuel, in BTU per lb, and the fuel feed rate into a combustion device, in mass offuel per unit oftime, that: (a) Does not include the heat derived from preheated combustion air, recirculated flue gases, orexhaustfrom othersources; and (b) Is measured, recorded, and reported to the cabinet. (88) "HF" means hydrogen fluoride. (89) "Hg" means mercury. (90) "High terrain" is defined by 40 C.F.R. 51.166(b)(25). (91) "hr" means hour. (92) "Hydrocarbon" means an organic compound consisting predominantly ofcarbon and hydrogen. (93) "Hydrocarbon combustion flare" means: (a) A flare used to comply with an applicable New Source Performance Standard (NSPS) or Maximum Achievable Control Technology (MACT) standard, including uses offlares during startup, shutdown, or malfunction permitted underthe standard; or (b) A flare that serves to control emissions ofwaste streams comprised predominately of hydrocarbons and containing no more than 230 1-1g/dscm hydrogen sulfide. (94) "H20" means water. (95) "H2S" means hydrogen sulfide. (96) "H2S04.. means sulfuric acid. (97) "in" means inch. (98) "Incineration" means the process of igniting and burning solid, semisolid, liquid, orgaseous combustible wastes. (99) "Industrial boiler or turbine" means a fossil fuel-fired boiler, combustion turbine, or a combined cycle system having a maximum design heat input of250 MMBTU per hour or morethat is not an electric generating unit. (100) "Innovative control technology" is defined by 40 C.F.R. 51.166(b)(19). (101) "Intermittent emissions" means emissions of particulate matter into the open air from a process that operates for less than any six (6) consecutive minutes. (102) "J" meansjoule. (103) "Kg" means kilogram. (104) "I" means liter. (105) "lb" means pound. (106) "Legally enforceable" means the cabinet orthe U.S. EPA has the authority to enforce a certain restriction. (107) "Long dry kiln" means a kiln that employs no preheating ofthe feed and has a dry inlet feed. (108) "Long wet kiln" means a kiln that employs no preheating ofthe feed and the inletfeed to the kiln is a slurry. (109) "Lowterrain" means an area otherthan high terrain. (110) "Lowest achievable emissions rate" or "LAER" means, for any source: (a)1. The most stringent emissions limitation that is contained in the Kentucky SIP for the class or category ofstationary source, unless the owner or operator ofthe proposed stationary source demonstrates that the limitation is not achievable; or 2. The most stringent emissions limitation achieved in practice by the class or category ofstationary source; (b) For a major modification, the lowest achievable emissions rate forthe new or modified emissions units at the stationary source; and (c) An emissions limitation that does not exceed the allowable emissions ofan applicable standard established pursuant to 40 C.F.R. Parts 60, 61, or 63. (111) "m" means meter. (112) "m3" means cubic meter. (113) "Majoremissions unit" means:



## http://www.lrc.ky.gov/kar/401/051/00I.htm 4/10/2012

## 401 KAR51:001. Definitionsfor 401 KARChapter51. Page 7 of16

(a) Any emissions unit that emits or has the potential to emit 100tons peryear or more ofa PAL pollutant in an attainment area; or (b) Any emissions unit that emits or has the potential to emit a PAL pollutant in an amountthat is equal to or greaterthan the majorsource threshold forthe PAL pollutant as defined by the Clean AirAct, 42 U.S.C. 7401

- 7671q for nonattainment areas. (114) "Major modification" means a physical change in or a change in the method of operation of a major stationary source that results in a significant emissions increase and a significant net emissions increase ofa regulated NSR pollutant. (a) A significant emissions increase from any emissions units or net emissions increase at a major stationary source that is significant for volatile organic compounds or nitrogen oxides is considered significant for ozone. (b) A physical change or change in the method ofoperation does not include: 1. Routine maintenance, repair, and replacement; 2. Use ofalternative fuel or raw material by reason ofan order or a natural gas curtailment plan in effect under afederal act; 3. Use ofan alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste; 4. Use ofan alternative fuel or raw material by a stationary source that:
a. The source was capable ofaccommodating before January 6, 1975, for401 KAR 51:017, or December 21, 1976, for 401 KAR 51 :052; unless the change would be prohibited by a federally enforceable permit condition that was established after January 6, 1975, for 401 KAR 51:017, or December 21, 1976, for401 KAR 51:052, pursuant to 40 C.F.R. 51.165 or 51.166; or b. The source is approved to use by a permit issued pursuant to 401 KAR 51:017 or 51 :052; 5. An increase in the hours of operation or in the production rate, unless the change is prohibited by any federally enforceable permit condition established after January 6, 1975, for 401 KAR 51:017 or December 21, 1976, for 401 KAR 51:052 pursuant to 40 C.F.R. 52.21; after June 6, 1979, pursuant to 401 KAR 51 :015; after September 22, 1982, pursuant to 401 KAR 51 :017; orpursuantto 401 KAR 52:020 and 51 :016E; 6. A change in ownership at a stationary source; 7. The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, if the project complies with the Kentucky SIP and other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated; 8. The installation or operation ofa permanent clean coal technology demonstration projectthat constitutes repowering, ifthe project does not result in an increase in the potential to emit ofa regulated pollutant emitted by the unit, on a pollutant-by-pollutant basis; or 9. The reactivation ofavery clean coal-fired electric utility steam generating unit. (c) Instead ofthis definition, the definition for "PAL major modification", in subsection (175) ofthis section, is used for a particular regulated NSR pollutant, ifthe major stationary source is complying with the requirements of401 KAR 51:017, Section 20, and 401 KAR 51:052, Section 11, for a PAL forthat pollutant. (115)"Major NSR permit" means a permit issued under Kentucky's PSD or NSR program. (116) "Major source" means a source with a potential emission rate equal to or greater than 100 tons per year of any one (1) of the following pollutants: particulate matter, sulfuroxides, nitrogen oxides, volatile organic compounds, carbon monoxide, or ODS. (117) "Majorsource baseline date" means: (a) For particulate matter and sulfur dioxide, January 6, 1975; and (b) For nitrogen dioxide, February 8, 1988. (118) "Major stationary source" means: (a)1. A stationary source ofair pollutants that emits, or has the potential to emit, 100tons peryear or more ofa regulated NSR pollutant, exceptthat:
a. For ozone nonattainment areas: 100 tons per year of more of volatile organic compounds or nitrogen oxides in a marginal or moderate ozone nonattainment area; fifty (50) tons peryear or more ofvolatile organic compounds or nitrogen oxides in a serious ozone nonattainment area; twenty-five (25) tons peryear or more ofvolatile organic compounds or nitrogen oxides in a severe ozone nonattainment area; orten (10) tons peryear or more of volatile organic compounds or nitrogen oxides in an extreme ozone nonattainment area; b. Fifty (50) tons per year or more of carbon monoxide in a serious carbon monoxide nonattainment area where stationary sources contribute significantlyto carbon monoxide levels; and
c. Seventy (70) tons peryear or more ofparticulate matter (PM 10) in a serious PM10 nonattainment area; or 2.a. Forthe PSD program, any ofthe following stationary sources ofair pollutants that emits, or has the potential to emit, 100 tons peryear or more of a regulated NSR pollutant: fossil fuel-fired steam electric plants of more than 250 million BTU per hour heat input, coal cleaning plants with thermal dryers, kraft pulp mills, Portland cement plants, primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction plants, primary copper smelters, municipal incinerators capable of charging more than 250 tons of refuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants, phosphate rock processing plants, coke oven batteries, sulfur recovery plants, carbon black plants (furnace process), primary lead smelters, fuel conversion plants, sintering plants, secondary metal production plants, chemical process plants, except ethanol production facilities



## http://www.lrc.ky.gov/kar/4011051/001.htm 4/10/2012

## 401 KAR51 :001. Definitionsfor 401 KARChapter51. Page 8 of16

producing ethanol by natural fermentation underthe North American Industry Classification System (NAICS) codes 325193 or312140, fossil fuel boilers,
or combination of fossil fuel boilers, totaling more than 250 million BTU per hour heat input, petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels, taconite ore processing plants, glass fiber processing plants, and charcoal production plants; and b. Regardless ofthe stationary source size specified in subclause (i) ofthis clause, a stationary source that emits, or has the potential to emit, 250 tons peryearor more ofa regulated NSR pollutant; or 3. Any physical change that will occur at a stationary source not otherwise qualifying under this subsection as a major stationary source, if the change will constitute a majorstationary source by itself; (b) A sourcethat is majorforvolatile organic compounds or nitrogen oxides is considered majorfor ozone; and (c) Fugitive emissions are included only ifthe source belongsto one (1) ofthe following categories ofstationary sources: 1. Coal cleaning plants with thermal dryers; 2. Kraft pulp mills; 3. Portland cement plants; 4. Primary zinc smelters; 5. Iron and steel mills; 6. Primary aluminum ore reduction plants; 7. Primary copper smelters; 8. Municipal incinerators capable ofcharging more than 250 tons of refuse perday; 9. Hydrofluoric, sulfuric, or nitric acid plants; 10. Petroleum refineries; 11. Lime plants; 12. Phosphate rock processing plants; 13. Coke oven batteries; 14. Sulfur recovery plants; 15. Carbon black plants (furnace process); 16. Primary lead smelters; 17. Fuel conversion plants; 18. Sintering plants; 19. Secondary metal production plants; 20. Chemical process plants, except ethanol production facilities producing ethanol by natural fermentation under NAICS codes 325193 or312140; 21. Fossil-fuel boilers, orcombination offossil-fuel boilers, totaling more than 250 million BTUs per hour heat input; 22. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; 23. Taconite ore processing plants; 24. Glassfiber processing plants; 25. Charcoal production plants; 26. Fossil fuel-fired steam electric plants ofmorethan 250 million BTUs per hour heat input; or 27. Another stationary source category that, as ofAugust 7, 1980, is being regulated under42 U.S.C. 7411 or7412. (119) "Malfunction" means a sudden and infrequentfailure ofair pollution control equipment, process equipment, ora process to operate in a normal
or usual mannerthat is not caused entirely or in part by poor maintenance, careless operation, or other upset condition orequipment breakdown that is reasonably preventable. (120) "Mandatory Class I area" means an area identified in 40 C.F.R. Part 81, Subpart D, ifthe administrator ofthe U.S. EPA, in consultation with the Secretary ofthe U.S. Department of Interior, has determined visibility to be an importantvalue. (121) "Marginal nonattainment county" or "marginal nonattainment area" means a county or portion of a county designated marginal nonattainment forthe national ambient air quality standard for ozone. (122) "Maximum design heat input" means the ability of a unit to combust a stated maximum amount of fuel per hour on a steady state basis, as determined by the physical design and physical characteristics ofthe unit. (123) "Maximum potential hourly heat input" means an hourly heat input used for reporting purposes if a unit lacks certified monitors to report heat input and is: (a) A value calculated according to 40 C.F.R. Part 75 using the maximum fuel flow rate and the maximum gross calorific value, ifthe unit intends to
use 40 C.F.R. Part 75, Appendix D, to report heat input; or (b) A value reported according to 40 C.F.R. Part 75 using the maximum potential flow rate and either the maximum percent C02 concentration (in



## http://www.lrc.ky.gov/k:ar/401/051/001.htm 4/10/2012

## 401 KAR51 :001. Definitionsfor 401 KARChapter51. Page 9 of16

percent C02) orthe minimum percent 02, ifthe unit intends to use a flow monitorand a diluents gas monitor. (124) "Maximum potential NOx emission rate" means the emission rate of NOx (in lb per MMBTU) calculated according to 40 C.F.R. Part 75, Appendix F, Section 3, using the maximum potential NOx concentration as defined in 40 C.F.R. Part 75, Appendix A, Section 2, and the maximum percent 0 2 orthe minimum percent C02 under all operating conditions ofthe unit except for unit startup, shutdown, and malfunction. (125) "Maximum rated hourly heat input" means a unit specific maximum hourly heat input (MMBTU) that is the higher of the manufacturer's maximum rated hourly heat input orthe highest observed hourly heat input. (126)**"~g"** means microgram (127) "mg" means milligram. (128) "Mid-kiln firing" means the secondary firing in kilns by injecting solid fuel at an intermediate point in the kiln using a specially designed feed injection mechanism for the purpose ofdecreasing NOxemissions through: (a) Burning part ofthe fuel at a lowertemperature; and (b) Reducing-conditions at the solid waste injection point that may destroy some ofthe NOxformed upstream in the kiln burning zone. (129) "min" means minute. (130) "Minor source baseline date" means: (a) The earliest date after the trigger date on which a major stationary source or a major modification subject to permit requirements established pursuant to 40 C.F.R. 52.21 orthe Kentucky SIP submits a complete application: 1. For particulate matter and sulfurdioxide, the trigger date is August 7, 1977; and 2. For nitrogen dioxide, the triggerdate is February 8, 1988; (b) For TSP increments, that the originally established date remains in effect to determine the amount of available PM 10 increments, unless the cabinet rescinds the minor source baseline date pursuant to 40 C.F.R. 51.166(b)(14)(iv); and (c) A date established for each pollutant forwhich increments or otherequivalent measures have been established if: 1. The area in which the proposed source or modification will construct is designated as attainment or unclassifiable pursuant to 42 U.S.C. 7407(d) (1)(A)(ii) or (iii) forthe pollutant on the date of its complete application pursuant to 401 KAR Chapter 52; and 2. For a major stationary source, the pollutant will be emitted in significant amounts or a significant net emissions increase ofthe pollutant will occur for a major modification. (131) "MJ" means megajoules. (132) "mm" means millimeter. (133) "MM" means million. (134) "mo" means month. (135) "Moderate nonattainment county" or "moderate nonattainment area" means a county or portion of a county designated moderate nonattainmentforthe national ambient air quality standard for ozone. (136) "Modification" means any physical change in, or a change in the method ofoperation of, an affected facility that: (a) Increases the amount of any air pollutant (to which a standard applies) emitted into the atmosphere by that facility orthat results in the emission ofany air pollutant (to which a standard applies) into the atmosphere not previously emitted; and (b) Is not solely: 1. Maintenance, repair, and replacementthat the cabinet determines to be routine for a source category considering available information; 2. An increase in production rate ofan affected facility, ifthat increase can be accomplished without a capital expenditure on that facility; 3. An increase in the hours ofoperation; 4. Use ofan alternative fuel or raw material if, priorto the date a standard becomes applicable to that source type, the affected facility was designed to accommodate that alternative use. A facility is considered to be designed to accommodate an alternative fuel or raw material if that use could be accomplished underthe facility's construction specification as amended priorto the change; 5. Conversion to coal required for energy considerations, as specified in 42 U.S.C. 7411(a)(8); 6. The addition or use of a system or device the primary function ofwhich is the reduction of air pollutants, unless an emission control system is removed or replaced by a system that the cabinet determines to be less environmentally beneficial; or 7. The relocation or change in ownership ofa source. (137) "Monitoring device" means the total equipment, required by an applicable administrative regulation in 401 KAR Chapters 50 to 65, used to
measure and record, ifapplicable, process parameters. (138) "Monitoring system" means a monitoring system that meets the requirements ofany applicable administrative regulation in 401 KAR Chapters 50 to 65. (139) "MWe" means megawatt electrical.



## http://www.lrc.ky.gov/kar/401/051/001.htm 4110/2012

## 401 KAR51:001. Definitionsfor 401 KARChapter 51. Page 10 of16

(140) "N2.. means nitrogen. (141) "Nameplate capacity" means the maximum electrical generating output (in MWe) that a generator can sustain over a specified period oftime if not restricted by seasonal orother deratings as measured with United States Department of Energy standards. (142) "Natural conditions" means those naturally occurring phenomena that reduce visibility as measured in terms of visual range, contrast, or coloration. (143) "Necessary preconstruction approvals or permits" means those permits or approvals required underthe administrative regulations approved to the Kentucky SIP pursuant to 40 C.F.R. 52.920, and federal airquality control laws and regulations established pursuant to 42 U.S.C. 7401

- 7671q. (144) "Net emissions increase" means: (a) For any regulated NSR pollutant emitted by a major stationary source, the amount by which the sum ofsubparagraphs 1 and 2 ofthis paragraph exceeds zero: 1. An increase in emissions from a particular physical change or change in method ofoperation at a stationary source as calculated pursuant to 401 KAR 51:017, Section 1(4), or401 KAR 51 :052, Section 1(2); and 2. Any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and
are otherwise creditable. Baseline actual emissions for calculating increases and decreases under this paragraph are determined as defined in this section. (b) An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if: 1. For construction that commences prior to January 6, 2002, the change occurs between the date ten (10) years before construction on the change
commences and the datethatthe increase from the change occurs; and 2. For construction that commences on and after January 6, 2002, the change occurs between the date five (5) years before construction on the change commences and the date that the increase from the change occurs. (c) An increase ordecrease in actual emissions is creditable only if: 1. The cabinet or the U.S. EPA has not relied on the change in issuing a permit for the source pursuant to 401 KAR 51:017, 51:052, or 40 C.F.R. 52.21; and 2. The permit is in effect at the time the increase ordecrease in actual emissions from the particular change occurs. (d) An increase or decrease in actual emissions of sulfur dioxide, particulate matter, or nitrogen oxides that occurs before the applicable minor
source baseline date is creditable only if it is required to be considered in calculating the amount of maximum allowable increases remaining available. For particulate matter, only PM 10 emissions are used to evaluatethe net emissions increase for PM 10. (e) An increase in actual emissions is creditable only to the extent that the new level ofactual emissions exceeds the old level. 

### (f) A decrease in actual emissions is creditable only to the extent that: 1. The old level ofactual emissions orthe old level ofallowable emissions, whichever is lower, exceeds the new level ofactual emissions; 2. The decrease is enforceable as a practical matter at and afterthe time that actual construction on the particular change begins; and 3. The decrease has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change. (g) An increase that results from a physical change at a source occurs ifthe emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. A replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days. (h) The term, actual emissions, as defined in subsection (2) ofthis section does not apply in determining creditable increases and 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 regulation, irrespective ofa change in emission rate. (146) "Nitrogen oxides" means all oxides of nitrogen except nitrous oxide, as measured by test methods specified in the Kentucky SIP. (147) "ng" means nanograms. (148) "NO" means nitric oxide. (149) "N02" means nitrogen dioxide. (150) "Nonattainment major new source review program" or "NSR program" is defined by 40 C.F.R. 51.165(a)(1)(xxx). For purposes ofthis definition, "administrator'' means the U.S. EPA. (151) "NOx" means nitrogen oxides. (152) "NOx allowance" is defined by 40 C.F.R. 96.2. (153) "NOx Allowance Tracking System" or "NATS" is defined by 40 C.F.R. 96.2 For purposes ofthis definition, "administrator" means the U.S. EPA. (154) "NOx authorized account representative" is defined by 40 C.F.R. 96.2. (155) "NOx budget emissions limitation" means, for a NOx budget unit, the tonnage equivalent of the NOx allowances available for compliance



## http://www.lrc.ky.gov/kar/401/051/001.htm 4/10/2012

## 401 KAR51:001. Definitionsfor 401 KARChapter51. Page 

# 11 of16

deduction forthe unit and for a control period under401 KAR 51:160 adjusted by deductions ofsufficient NOx allowances to account for: (a) Actual utilization under40 C.F.R. 96.42(e) forthe control period; (b) Excess NOx emissions for a priorcontrol period under40 C.F.R. 96.54(d); (c) Withdrawal from the NOx budget program under40 C.F.R. 96.86; or (d) A change in regulatory status for a NOx budget opt-in source under40 C.F.R. 96.87. (156) "NOx budget opt-in source" means an affected facility that has elected to become a NOx budget unit underthe NOx Budget Trading Program and whose NOx budget opt-in permit has been issued and is in effect. (157) "NOx budget source" is defined by 40 C.F.R. 96.2. (158) "NOx Budget Trading Program" is defined by 40 C.F.R. 96.2. (159) "NOx budget unit" means a unit that is subject to the NOx Budget Trading Program emissions limitation under 401 KAR 51:160 or 40 C.F.R. 96.80. (160) "NOx budget unit operator" means a person who operates, controls, or supervises a NOx budget unit, a NOx budget source, or a unitforwhich
an application for a NOx budget opt-in permit under 401 KAR 51:195 is submitted and not denied orwithdrawn and includes a holding company, utility system, or plant manager ofa NOx budget unit orsource. (161) "NOx budget unit owner" means: (a) A holder ofa portion ofthe 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 submitted and not denied orwithdrawn; (b) A holder ofa leasehold interest in a NOx budget unit or in a unit for which an application for a NOx budget opt-in permit under401 KAR 51:195 is submitted and not denied orwithdrawn; (c) A purchaser of power from a NOx budget unit orfrom a unit for which an application for 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 expressly provided for in a leasehold agreement, does not include a passive lessor, or a person who has an equitable interest through the lessor, whose rental payments are not based, either directly or indirectly, 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 orwithdrawn; or (d) For any general account, a person who has an ownership interest with respect to the NOx allowances held in the general account and who is subject to the binding agreement forthe NOx authorized account representative to representthat person's ownership. (162) 

### "02" means oxygen. (163) 

### "03" means ozone. (164) "Opacity" means the degreeto which emissions reduce the transmission of light and obscure the view ofan object in the background. (165) "Operating" means, for a NOx budget unit, having documented heat inputfor more than 876 hours in the six (6) months immediately preceding the submission ofan application for an initial NOx budget permit. (166) "Operator'' means, for a NOx budget unit, any person who operates, controls, or supervises a NOx budget unit, a NOx budget source, or unit for which an application for a NOx budget opt-in permit is submitted and not denied orwithdrawn, and includes any holding company, utility system, or plant manager ofthe unit or source. (167) "Opt-in" means to be elected to become a NOx budget unit underthe NOx BudgetTrading Program through a final NOx budget opt-in permit. (168) "Owner", for a NOx budget unit, is defined by 40 C.F.R. 96.2. (169) "Owner or operator" means a person who owns, leases, operates, controls, or supervises an affected facility or a source ofwhich an affected facility is a part. (170) "oz" means ounce. (171) "Ozone depleting potential" or "ODP", means pursuant to 40 C.F.R. Part 82, Subpart A, Appendices A and B, the ratio ofthe total amount of
ozone destroyed by a fixed amount of an ozone depleting substance to the amount of ozone destroyed by the same mass oftrichlorofluoromethane (CFC-11) in which the ozone depleting potential ofCFC-11 is equal to one and zero-tenths (1.0). (172) "Ozone depleting substance" or "ODS" means any chemical compound regulated under 40 C.F.R. Part 82 with decay products, after the photolysis ofthe ODS by short-wave ultraviolet light, that are able to catalyze the destruction ofstratospheric ozone. (173) "PAL effective date" means: (a) The date ofissuance ofthe PAL permit; or (b) For an increased PAL, the date any emissions unit that is part ofthe PAL major modification becomes operational and begins to emit the PAL pollutant. (174) "PAL effective period" means the period beginning with the PAL effective date and ending ten (10) years later. (175) "PAL major modification" means any physical change in or a change in the method of operation ofthe PAL source that causes it to emit the



## http://www.lrc.ky.gov/kar/401/051/001.htm 4110/2012

## 401 KAR51 :001. Definitionsfor 401 KARChapter51.

PAL pollutant at a level equal to orgreaterthan the PAL. (176) "PAL permit" means the permit issued by the cabinet that establishes a PAL for a majorstationary source. (177) "PAL pollutant" means the pollutant forwhich a PAL is established at a major stationary source. 

## Page 12 of16

(178) "Particulate matter" means a material, except uncombined water that exists in a finely divided form as a liquid or solid measured by a U.S. EPA-approved test method or a test method approved in the Kentucky SIP. (179) "Particulate matter emissions" means, except as used in 40 C.F.R. Part 60, all finely divided solid or liquid material, other than uncombined water, emitted to the ambient air as measured by applicable reference methods, or an equivalent or alternative method specified in 40 C.F.R. Chapter I,
or by a test method specified in the Kentucky SIP. (180) "Peak load" means the maximum instantaneous operating load. (181) "Permitted capacity factor" means the annual permitted fuel use divided by the manufacturer's specified maximum fuel consumption multiplied by 8,760 hours peryear. (182) "Person" is defined by KRS 224.01-010(17). (183) "Plant-wide applicability limitation" or "PAL" means an emission limitation, expressed in tons per year, for a pollutant at a major stationary source, that is enforceable as a practical matter and is established source-wide in accordance with 401 KAR 51:017 or 51:052. (184) "PM2

_ 5" means particulate matter with an aerodynamic diameter less than or equal to a nominal two and five-tenths (2.5) micrometers as measured by a reference method in 40 C.F.R. Part 50, Appendix L, and designated in accordance with 40 C.F.R. Part 53, or by an equivalent method designated in accordance with 40 C.F.R. Part 53. (185) "PM 10" means particulate matter with an aerodynamic diameter less than or equal to a nominal ten (10) micrometers as measured by a reference method in 40 C.F.R. Part 50, Appendix J, and designated in accordance with 40 C.F.R. Part 53, or by an equivalent method designated in accordance with 40 C.F.R. Part 53. (186) "PM 10 emissions" means finely divided solid or liquid material with an aerodynamic diameter less than or equal to a nominal ten (10) micrometers emitted to the ambient air as measured by an applicable reference method, or an equivalent or alternative method specified in 40 C.F.R. Chapter I, or by a test method specified in the Kentucky SIP. (187) "Pollution prevention" is defined by 40 C.F.R. 51.166(b)(38). (188) "Portland cement" means a hydraulic cement produced by pulverizing clinker consisting essentially of hydraulic calcium silicates. (189) "Portland cement kiln" means a system, including solid, gaseous or liquid fuel combustion equipment, used to calcite and fuse raw materials, including limestone and clay, to produce Portland cement clinker. (190) "Potential to emit" or "PTE" means: (a) The maximum capacity ofa stationary source to emit a pollutant under its physical and operational design, in which: 1. A physical or operational limitation on the capacity ofa source to emit an air pollutant, including air pollution control equipment and restrictions on hours ofoperation or on the type or amount of material combusted, stored, or processed, is treated as part of its design ifthe limitation is enforceable as
a practical matter; and 2. This definition does not alter or affect the use ofthis term for other purposes ofthe Clean Air Act, 42 U.S.C. 7401

- 7671q, or the term "capacity factor'' as used in the Acid Rain Program. (b) For the PSD and NSR programs, the maximum capacity of a stationary source to emit a pollutant under its physical or operational design, in which: 1. A physical or operational limitation on the capacity ofthe source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, is treated as part of its design if the limitation or the effect it would have on emissions:
a. Is federally enforceable; or b. For an actual PAL, is federally enforceable orenforceable as a practical matter; and 2. Secondary emissions are not counted. (191) "ppb" means parts per billion. (192) "ppm" means parts per million. (193) "ppm(w/w)" means parts per million (weight by weight). (194) "Precalciner kiln" means a kiln in which the feed to the kiln system is preheated in cyclone chambers and utilizes a second burner to calcine material in a separate vessel attached to the preheater priorto 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 in which the feed to the kiln system is preheated in cyclone chambers prior to the final fusion in a kiln that forms clinker.



## http://www.lrc.ky.gov/kar/401/051/001.htm 4110/2012

## 401 KAR51 :001. Definitionsfor401 KARChapter51. Page 13 of16

(197) "Prevention of Significant Deterioration Program" or "PSD Program" means a major source preconstruction program that has been approved by the U.S. EPA and incorporated into the Kentucky SIP to implementthe requirements of40 C.F.R. 51.166 or 52.21. (198) "Project" means a physical change in or change in method ofoperation ofan existing major stationary source. (199) "Projected actual emissions" means: (a) The maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated NSR pollutant in any one (1) of the five (5) years, in a twelve (12) month period, following the date the unit resumes regular operation after the project, or in any one (1) ofthe ten (10) years following that date, if: 1. The project involves increasing the emissions unit's design capacity or its potential to emitthe regulated NSR pollutant; and 2. Full utilization ofthe unitwould result in a significant emissions increase ora significant net emissions increase atthe majorstationary source; or (b) The maximum annual rate, in tons per year, at which an emissions unit, before beginning actual construction, is projected to emit a regulated NSR pollutant, ifthe source: 1.a. Considers all relevant information, including historical operational data and the company's own representations of expected and highest projected business activity, filings with the cabinet and the U.S. EPA, and compliance plans underthe Kentucky SIP; b. Includes fugitive emissions and emissions associated with startups, shutdowns, and malfunctions; and
c. Excludes, in calculating any increase in emissions that results from a project, that portion of the unit's emissions following the project that an existing unit could have accommodated during the consecutive twenty-four (24) month period used to establish the baseline actual emissions and that
are also unrelated to the project, including any increased utilization due to product demand growth; or 2. Elects to use the emissions unit's potential to emit, in tons per year, instead of using subparagraph 1. ofthis paragraph to determine projected actual emissions. (200) "psia" means pounds persquare inch absolute. (201) "psig" means pounds persquare inch gage. (202) "RACT/BACT/LAER Clearinghouse" or "RBLC" means the U.S. EPA's online collection ofprevious RACT/BACT/LAER determinations. (203) "Reactivation ofavery clean coal-fired EUSGU" is defined by 40 C.F.R. 51.166(b)(37). (204) "Reasonable further progress" is defined by 42 U.S.C. 7501(1). For purposes ofthis definition, "administrator" means the U.S. EPA. (205) "Reconstruction" meansthe replacement ofcomponents ofan existing affected facility to the extent that: (a) The fixed capital cost ofthe new components exceeds fifty (50) percent ofthe fixed capital cost that would be required to construct a comparable entirely new affected facility; and (b) It is technologically and economically feasible to meetthe applicable requirements of401 KAR Chapters 50 to 65. (206) "Reference method" means a method ofsampling and analyzing for an air pollutant as published in 40 C.F.R. Part 50, Appendices A to N; 40 C.F.R. Part 53; 40 Part 60, Appendices A and B; 40 C.F.R. Part 61, Appendix B; or40 C.F.R. Part 63, Appendices A to D. (207) "Regulated NSR pollutant" means the following: (a) A pollutant for which a national ambient air quality standard has been promulgated and any constituents or precursors for such pollutants identified by the U.S. EPA; (b) A pollutant subjectto any standard promulgated under42 U.S.C. 7411; (c) A pollutant subjectto a standard promulgated under orestablished by 42 U.S.C. 7671 to 7671q; or (d) A pollutant that otherwise is subject to regulation, as defined in subsection (231) ofthis section, under 42 U.S.C. 7401 to 7671q, except that any hazardous air pollutant (HAP) listed in 42 U.S.C. 7412 or added to the list pursuant to 42 U.S.C. 7412(b)(2), that has not been delisted pursuant to 42 U.S.C. 7412(b)(3), is not a regulated NSR pollutant unless the listed HAP is also regulated as a constituent or precursor of a general pollutant listed under42 U.S.C. 7408. (208) "Replacement unit" means an emissions unit that does not generate creditable emissions reductions by shutting down the existing emissions unit that is replaced, and that: (a)1. Is a reconstructed unit within the meaning of40 C.F.R. 60.15(b)(1) orthat completely takes the place ofan existing emissions unit; 2. Is identical to orfunctionally equivalent to the replaced emissions unit; and 3. Does not alterthe basic design parameters ofthe process unit. (b) Replaces a unit that: 1. Is permanently removed from the major stationary source, is otherwise permanently disabled, or is prohibited from operating by a permit that is enforceable as a practical matter; and 2. Ifbrought back into operation, is considered a new emissions unit. (209) "Repowering" is defined by 40 C.F.R. 51.166(b)(36). (210) "Responsible official" means:



## http://www.lrc.ky.gov/kar/401/051/001.htm 4/10/2012

## 401 KAR51 :001. Definitionsfor 401 KARChapter 51. Page 14 of16

(a) For a corporation: a president, secretary, treasurer, or vice-president ofthe corporation in charge ofa principal business function, orother person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative ofthat person ifthe representative is responsible forthe overall operation ofone (1) or more manufacturing, production, oroperating facilities applying for orsubject to a permit; and

or 1. The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25,000,000 in second quarter 1980 dollars;

2. The delegation ofauthority to the representative is approved in advance by the cabinet pursuant to this subsection; (b) For a partnership orsole proprietorship, a general partner or the proprietor, respectively; (c) Fora municipality, state, federal, orother public agency, a principal executive officer or ranking elected official. The principal executive officer ofa federal agency includes the chiefexecutive officer having responsibility forthe overall operation ofa principal geographic unit ofthe agency; or (d) Forthe acid rain portion ofa permit for an affected source, the designated representative. (211) "Run" means the net period oftime, either intermittent or continuous within the limits ofgood engineering practice, when an emission sample is collected. (212) "S" means at standard conditions. (213) "sec" means second. (214) "Secondary emissions" means emissions that: (a) Occur as a result ofthe construction or operation ofa major stationary source or major modification, and do not come from the major stationary
source or major modification itself; (b) Are specific, well defined, quantifiable, and impact the same general area as the stationary source modification that causes the secondary emissions; (c) Include emissions from an offsite support facility that would not otherwise be constructed or increase its emissions as a result ofthe construction
or operation ofthe major stationary source or major modification; and (d) Do not include emissions that come directly from a mobile source, including emissions from the tailpipe ofa motorvehicle, a train, orvessel. (215) "Serious nonattainment county" or "serious nonattainment area" means a county or portion of a county designated serious nonattainment for the national ambient airquality standard for ozone. (216) "Severe nonattainment county" or "severe nonattainment area" means a county or portion ofa county designated severe nonattainmentforthe national ambient air quality standard for ozone. (217) "Shutdown" means the cessation ofan operation. (218) "Significant" means: (a) For401 KAR 51:017, in reference to a net emissions increase orthe potential ofa source to emit any ofthe pollutants listed in the following table,
a rate ofemissions thatwould equal or exceed a corresponding rate listed in the table: POLLUTANT EMISSIONS RATE Carbon monoxide 100 tons peryear (tpy) Ozone depleting substance 100 tpy Nitrogen oxides 40tpy Sulfurdioxide 40tpy Particulate matter 25 tpy of particulate matter emissions 15tpy of PM 10 emissions Ozone 40 tpy of volatile organic compounds or nitrogen oxides Lead 0.6 tpy Fluorides 3 tpy Sulfuric acid mist 7 tpy Hydrogen sulfide (H2S) 10tpy
Total reduced sulfur (including H2S) 10tpy Reduced sulfur compounds (including 10tpy H2S) Municipal waste combustor organics 3.2 X 1

# o-6 megagrams per (measured as total tetra- through year (Mg/y) (3.5 x 10·6 tpy) octa-chlorinated dibenzo-p-dioxins and dibenzofurans) Municipal waste combustor metals 14 Mg/y (15 tpy) {measured asparticulate matter) Municipal waste combustor acid 36 Mg/y (40 tpy)



## http://www.lrc.ky.gov/kar/401/051/001.htm 4/10/2012

## 401 KAR51:001. Definitionsfor 401 KARChapter 51. Page 15 of16

gases (measured as sulfur dioxide and hydrogen chloride) Municipal solid waste landfill 35 Mg/y (50 tpy) emissions (measured as nonmethane organic compounds) (b) For 401 KAR 51 :017, in reference to a net emissions increase or the potential of a source to emit a regulated NSR pollutant that is not listed in the table in paragraph (a) ofthis subsection, any emissions rate; (c) For 401 KAR 51 :017, in reference to an emissions rate or a net emissions increase associated with a major**sta~ionary** source or major modification, that is to be constructed within ten (10) kilometers of a Class 1area, an impact on that area equal to or greaterthan one (1) 1Jg/m3 over a twenty-four (24) hour average; (d) For401 KAR 51 :052, in reference to a net emissions increase orthe potential ofa source to emit any ofthe pollutants listed in the following table,
a rate 

### Ofemissions thatwould equal orexceed a corresponding rate listed in the table: POLLUTANT EMISSIONS RATE Carbon monoxide 100tons oervear (tovl Ozone depleting substance 100tov Nitrogen oxides 40 tpy Sulfur dioxide 40 tpy Ozone 40 tpy ofvolatile organic compounds or nitroaen oxides Lead 0.6 tov (e) For 401 KAR 51:052, with the exception of the significant emissions rate for ozone in this subsection, significant means, in reference to an emissions increase or net emissions increase, a rate ofemissions that exceeds the following: 1. Twenty-five (25) tons peryearofvolatile organic compounds or nitrogen oxides in a serious orsevere ozone nonattainment area; or 2. Any increase in actual emissions ofvolatile organic compounds or nitrogen oxides in an extreme ozone nonattainment area; or 

### (f) For401 KAR 51:052, with the exception ofthe significant emissions rate for carbon monoxide in this subsection, significant means, in reference to
an emissions increase or net emissions increase, a rate of emissions of carbon monoxide that equals or exceeds fifty (50) tons per year in a serious nonattainment area for carbon monoxide in which a stationary source contribute significantly to carbon monoxide levels. (219) "Significant emissions increase" means, for a regulated NSR pollutant, an increase in emissions that is equal to or greater than the emission level that is significant for that pollutant. (220) "Significant emissions unit" means an emissions unit that emits or has the potential to emit a PAL pollutant in an amount equal to or greater than the applicable significant level as defined in subsection (218) of this section or in 42 U.S.C. 7401 to 7671q, whichever is lower for that PAL pollutant, but lessthan the amount that would qualifythe unit as a majoremissions unit. (221) "Small emissions unit" means an emissions unit that emits or has the potential to emit the PAL pollutant in an amount less than the PAL pollutant's applicable significant level as defied in subsection (218) ofthis section; or in 42 U.S.C. 7401 to 7671q, whichever is lower. (222) "S02" means sulfur dioxide. (223) "Source" means one (1) or more affected facilities contained within a given contiguous property line, which means the property is separated only by a publicthoroughfare, stream, or other right ofway. (224) "sq" means square. (225) "Stack orchimney" means a flue, conduit, or duct arranged to conduct emissions to the atmosphere. (226) "Standard" means an emission standard, a standard of performance, or an ambient air quality standard as promulgated in 401 KAR Chapters 50 to 65 orthe emission control requirements necessary to complywith 401 KAR Chapter 51. (227) "Standard conditions" means: (a) For source measurements, twenty (20) degrees Celsius (sixty-eight (68) degrees Fahrenheit) and a pressure of760 mm Hg (29.92 in. ofHg); or (b) For air quality determinations, twenty-five (25) degrees Celsius (seventy-seven (77) degrees Fahrenheit) and a reference pressure of760 mm Hg (29.92 in. of Hg). (228) "Start-up" or "startup" means the setting in operation ofan affected facility. (229) "State implementation plan" or "SIP" means the most recently prepared plan or revision required by 42 U.S.C. 7410 that has been approved by the U.S. EPA. (230) "Stationary source" means a building, structure, facility, or installation that emits or has the potential to emit a regulated NSR pollutant. (231) "Subjectto regulation" is defined by 40 C.F.R. 51.166(b)(48). (232) "Submit" meansto send ortransmit a document, information, or correspondence in accordance with an applicable requirement. (233) "TAPPI" means Technical Association ofthe Pulp and Paper Industry. (234) "Temporary clean coal technology demonstration project" is defined by 40 C.F.R. 51.166(b)(35). (235) "Ton" or "tonnage", for a NOx budget source, means a short ton or2,000 pounds. For determining compliance with the NOx budget emissions



## http://www.lrc.ky.gov/kar/401/051/00l.htm 4/10/2012

## 401 KAR51 :001. Definitionsfor 401 KARChapter51. Page 16 of16

limitation, total tons for a control period is calculated as the sum of all recorded hourly emissions, or the tonnage equivalent of the recorded hourly emissions rates, in accordance with 40 C.F.R. Part 96, Subpart Hwith any remaining fraction ofa ton equal to or greaterthan 0.50 ton deemed to equal
one (1) ton and any fraction ofa ton less than 0.50 ton deemed to equal zero tons. (236) "Total suspended particulates" or "TSP" means particulate matter as measured by the method described in 40 C.F.R. Part 50, Appendix B. (237) "tpy" means tons peryear. (238) "TSS" means total suspended solids. (239) "Uncombined water" means water that can be separated from a compound by ordinary physical means and that is not bound to a compound by internal molecularforces. (240) "Unit" means afossil fuel-fired stationary boiler, combustion turbine, or combined cycle system. (241) "Urban county" means a county that is a part of an urbanized area with a population greater than 200,000 based upon the 1980 census. If a portion ofa county is a part ofan urbanized area, then the entire county is classified as urban for401 KAR Chapters 50 to 65. (242) "Urbanized area" means an area defined by the U.S. Department ofCommerce, Bureau ofCensus. (243) "U.S. EPA" means the United States Environmental Protection Agency. (244) "UTM" means Universal Transverse Mercator. (245) "Visibility impairment" is defined by 40 C.F.R. 51.301. (246) 'Volatile organic compound" or "VOC" is defined by 40 C.F.R. 51.100(s). (247) ''yd" means yard.

Section 2. Incorporation by Reference. (1) The following material is incorporated by reference: (a) "North American Industry Classification System", 2007, as published by the Office of Management and Budget; and (b) "Standard Industrial Classification Manual", 1987, as published by the Office of Management and Budget is incorporated by reference. (2) This material may be inspected, copied orobtained, subject to applicable copyright law, atthe following main and regional offices ofthe Kentucky Division forAir Quality during the normal working hours of8 a.m. to 4:30p.m., local time: (a) Kentucky Division forAir Quality, 200 Fair Oaks Lane, 1stfloor, Frankfort, Kentucky 40601-1403, (502) 564-3999; (b) Ashland Regional Office, 1550Wolohan Drive, Suite 1, Ashland, Kentucky 41102, (606) 929-5285; (c) Bowling Green Regional Office, 1508Westen Avenue, Bowling Green, Kentucky 42104, (270) 746-7475; (d) Florence Regional Office, 8020 Veterans Memorial Drive, Suite 110, Florence, Kentucky 41042, (859) 525-4923; (e) Frankfort Regional Office, 200 Fair Oaks Lane, Third Floor, 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 National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, phone (703) 487-4650. (18 Ky.R. 2737; Am. 2930; 3335; eff. 6-24-1992; 21 Ky.R. 1757; 2137; eff. 4- 6-1995; 22 Ky.R. 1691; 2014; eff. 6-6-1996; 25 Ky.R. 1442; eff. 4-14-1999; 27 Ky.R. 2557; 3270; 38 Ky.R. 367; eff. 8-15-2001; 29 Ky.R. 538; 1600; eff. 12-18-2002; 30 Ky.R. 2176; 2487; 31 Ky.R. 34; eff. 7-14-2004; 33 Ky.R. 197; eff. 11-8-2006; 36 Ky.R. 867; 1247; 1462; eff. 2-5-2010; 37 Ky.R. 452; Am. 1222; eff. 1-3-2011.)



## http://www.lrc.ky.gov/kar/401/051/001.htm 4/10/2012

## 401 KAR51:017. Preventionofsignificantdeterioration ofairquality. Page 1

## of16

401 KAR51:017. Prevention ofsignificantdeterioration ofairquality.

RELATES TO: KRS 224.10-100, 40 C.F.R. 51 Subpart I, Appendix S, sec. IV, Part 51, Appendix W, 51.166, 52.21, 52.26, 53, 58 Appendix A, 60, 61, 63, 70.6, 81.318, 81 Subpart D, 42 U.S.C. 7401-7671q, 4321-4370d, EO 2009-538 STATUTORY AUTHORITY: KRS 224.10-100(5), 40 C.F.R. 51.166, 52.21, 42 U.S.C. 7401-7671q, EO 2009-538 NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100 requires the cabinet to promulgate administrative regulations for the prevention, abatement, and control of air pollution. EO 2009-538, effective June 12, 2009, establishes the Energy and Environment Cabinet. This administrative regulation provides for the prevention of significant deterioration of ambient air quality. The provisions ofthis administrative regulation are not different
nor more stringent than the federal regulation, 40 C.F.R. 51.166.

Section 1. Applicability. (1) This administrative regulation shall apply to the construction ofa new major stationary source or a project at an existing major stationary source that commences construction after September 22, 1982, and locates in an area designated attainment or unclassifiable under42 U.S.C. 7407(d)(1)(A)(ii) and (iii). (2) Except as otherwise provided in this administrative regulation, the provisions ofSections 8 to 16 ofthis administrative regulation shall apply to the construction ofa new majorstationary source or a major modification ofan existing majorstationary source. (3) The owner or operator of a new major stationary source or major modification, which is subject to the requirements of Sections 8 to 16 ofthis administrative regulation, shall not begin actual construction without a proposed permit or proposed permit revision issued under401 KAR 52:020 stating that the major stationary source or major modification shall meetthose requirements. (4) Applicability tests for projects. Except as provided in subsection (5) ofthis section, a project shall be a major modification for a regulated**~SR** pollutant only ifthe project causes a significant emissions increase and a significant net emissions increase as provided in paragraphs (a) and (b) ofthis subsection. (a) Prior to beginning actual construction, the owner or operator shall first determine if a significant emissions increase will occur for the applicable type of unit being constructed according to subparagraphs 1to 3 ofthis paragraph. 1. Actual-to-projected actual applicability test for projects that only involve existing emissions units. A significant emissions increase of a regulated NSR pollutant shall be projected to occur ifthe sum ofthe difference between the projected actual emissions and the baseline actual emissions for each existing emissions unit equals orexceeds the significant amount forthat pollutant. 2. Actual-to-potential test for projects that involve only construction of new emissions units. A significant emissions increase of a regulated NSR pollutant shall be projected to occur if the sum of the potential to emit from each new emissions unit following completion of the project equals or exceeds the significant amount forthat pollutant. 3. Hybrid test for projects that involve multiple types of emissions units. A significant emissions increase of a regulated NSR pollutant shall be projected to occur ifthe sum ofthe emissions increases foreach emissions unit, using a method specified in subparagraphs 1 and 2 ofthis paragraph as applicable foreach emissions unit, equals orexceeds the significant amountforthat pollutant. (b) Prior to beginning actual construction and after completing the applicable procedure established in paragraph (a) ofthe subsection, the owner or operator shall determine for each regulated NSR pollutant ifa significant net emissions increase will occur pursuant to 401 KAR 51:001, Section 1(144) and (218). (5) For a plant-wide applicability limit (PAL) for a regulated NSR pollutant at a majorstationary source, the owner or operator ofthe majorstationary
source shall comply with the applicable requirements ofSection 20 ofthis administrative regulation.

Section 2. Ambient Air Increments. (1) In areas designated as Class 1or II, increases in pollutant concentration overthe baseline concentration shall be limited to the following levels: Pollutant Maximum Allowable Increase (Micrograms per cubic meter) Class I Particulate Matter: PM 10, annual arithmetic mean 4 PM 10, 24-hour maximum 8 Sulfur Dioxide: Annual arithmetic mean 2 24-hour maximum 5



## http://www.lrc.ky.gov/kar/401/051/017.htm 4/10/2012

## 401 KAR51 :017. Preventionofsignificantdeteriorationofairquality. Page 2 of16

3-hour maximum 

# I25 Nitrogen Dioxide: Annual arithmetic mean 2.5 Class II Particulate Matter: PM 10, annual arithmetic mean 17 PM 10, 24-hour maximum 30 Sulfur Dioxide: Annual arithmetic mean 20 24-hour maximum 91 3-hourmaximum 512 Nitrogen Dioxide: Annual arithmetic mean 25

(2) For any period otherthan an annual period, the applicable maximum allowable increase may be exceeded during one (1) such period peryear at any one (1) location.

Section 3. Ambient Air Ceilings. The concentration of a regulated NSR pollutant shall not exceed the concentration allowed under the national secondary ambient air quality standard or underthe national primary ambient airquality standard, whichever concentration is lowerforthe pollutantfora period ofexposure.

Section 4. Restrictions on Area Classifications. (1) The following areas, which were in existence on August 7, 1977, shall be Class I areas and shall not be redesignated: (a) International parks; (b) National wilderness areas and national memorial parks that exceed 5,000 acres in size; and (c) National parks that exceed 6,000 acres in size. (2) Any other area, unless otherwise specified in the legislation creating the area, shall be designated Class II but may be redesignated as provided in 40 C.F.R. 51.166(g). (3) The visibility protection requirements ofthis administrative regulation shall apply only to sources that may impact a mandatory Class I federal
area. (4) The following areas may be redesignated only as Class I or II: (a) An area that as ofAugust 7, 1977, exceeded 10,000 acres in size and was a national monument, a national primitive area, a national preserve, a· national recreational area, a national wild and scenic river, a national wildlife refuge, a national lakeshore or seashore; and (b) A national park or national wilderness area established afterAugust 7, 1977, which exceeds 10,000 acres in size.

Section 5. Exclusions from Increment Consumption. (1) Pursuant to notice and opportunity for at least one (1) public hearing to be held in accordance with procedures established in 401 KAR 52:100, the cabinet may exclude the following concentrations in determining compliance with a maximum allowable increase: (a) Concentrations attributable to the increase in emissions from stationary sources that have converted from the use ofpetroleum products, natural gas, or both by reason of an order in effect under a federal statute or regulation over the emissions from these sources before the effective date ofthe order; (b) Concentrations attributable to the increase in emissions from sources that have converted from using natural gas by reason of a natural gas curtailment plan in effect pursuantto a federal statute overthe emissions from those sources before the effective date ofthe plan; (c) Concentrations of particulate matter attributable to the increase in emissions from construction or other temporary emission-related activities of
new or modified sources; and (d) Concentrations attributable to the temporary increase in emissions ofsulfur dioxide, particulate matter, or nitrogen oxides from stationary sources affected by plan revisions approved by the Administrator ofthe U.S. EPA as meeting the criteria established in subsection (3) ofthis section. (2)(a) Exclusion of concentrations shall not apply more than five (5) years after the effective date of the order to which subsection (1)(a) of this



## http://www.lrc.ky.gov/kar/401/0511017.htm 4/10/2012

## 401 KAR51:017. Preventionofsignificantdeteriorationofairquality. Page 3 of16

section refers orthe curtailment plan to which subsection (1)(b) ofthis section refers, whichever is applicable. (b) If both an order and curtailment plan are applicable, an exclusion shall not apply more than five (5) years after the later ofthe two (2) effective dates. (3) For excluding concentrations pursuant to subsection (1)(d) ofthis section: (a) The time period over which the temporary emissions increase of sulfur dioxide, particulate matter, or nitrogen oxides would occur shall be specified and shall not exceed two (2) years in duration unless a longertime is approved by the U.S. EPA; (b) The time period for excluding certain contributions in accordance with paragraph (a) ofthis subsection shall not be renewable; (c) An emissions increase from a stationary source shall not occurthat will: 1. Impact a Class I area or an area in which an applicable increment is known to be violated; or 2. Cause or contribute to the violation ofa national ambient air quality standard; and (d) Limitations shall be in effect at the end ofthe time period established in paragraph (a) ofthis subsection, which ensure that the emissions levels from stationary sources affected by the SIP revision shall not exceed the levels occurring from those sources before the revision was approved.

Section 6. Stack Heights. (1) The degree of emissions limitation required for control of an air pollutant under this administrative regulation shall not be affected by: (a) So much ofthe stack height ofa source as exceeds good engineering practice; or (b) Anotherdispersion technique. (2) Subsection (1) ofthis section shall not apply to stack heights in existence before December 31, 1970, or to dispersion techniques implemented before then.

Section 7. Exemptions. (1) Sections 8 to16 of this administrative regulation shall not apply to a particular major stationary source or major modification, if: (a) The owner or operator: 1. Obtained the necessary federal, state, and local preconstruction approval effective before September 22, 1982; 2. Commenced construction before September 22, 1982; and 3. Did not discontinue construction fora period ofeighteen (18) months or more. (b)1. The major stationary source is a nonprofit health institution, a nonprofit educational institution, or a major modification at such an institution; and 2. The Governor ofthe Commonwealth of Kentucky requests that it be exemptfrom those requirements. (c) The source or modification is a major stationary source or major modification only iffugitive emissions, to the extent quantifiable, are considered in calculating the potential to emit ofthe stationary source or modification and the source does not belong to any ofthe following categories: 1. Coal cleaning plants with thermal dryers; 2. Kraft pulp mills; 3. Portland cement plants; 4. Primary zinc smelters; 5. Iron and steel mills; 6. Primary aluminum ore reduction plants; 7. Primary copper smelters; 8. Municipal incinerators capable ofcharging more than 250 tons of refuse per day; 9. Hydrofluoric, sulfuric, or nitric acid plants; 10. Petroleum refineries; 11. Lime plants; 12. Phosphate rock processing plants; 13. Coke oven batteries; 14. Sulfur recovery plants; 15. Carbon black plants, furnace process; 16. Primary lead smelters; 17. Fuel conversion plants; 18. Sintering plants; 19. Secondary metal production plants;



## http://www.lrc.ky.gov/kar/401/051/017.htm 4/10/2012

## 401 KAR51 :017. Preventionofsignificantdeterioration ofair quality. Page4 of16

20. Chemical process plants, except ethanol production facilities producing ethanol by natural fermentation under the North American Industry Classification System (NAICS) codes 325193 or312140; 21. Fossil-fuel boilers, or combination offossil-fuel boilers, totaling more than 250 million BTUs per hour heat input; 22. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; 23. Taconite ore processing plants; 24. Glass fiber processing plants; 25. Charcoal production plants; 26. Fossil fuel-fired steam electric plants ofmorethan 250 million BTUs per hour heat input; or 27. Anotherstationary source category that, as ofAugust 7, 1980, is being regulated under42 U.S.C. 7411 or7412. (d) The source or modification is a portable stationary source that has previously received a permit underthis administrative regulation; and 1. The owner oroperator proposes to relocate the source, and the emissions ofthe source at the new location will be temporary; 2. The emissions from the source will not exceed its allowable emissions; 3. The emissions from the source will not impact a Class I area oran area where an applicable increment is known to be violated; and 4.a. Reasonable notice is given to the cabinet prior to the relocation identifying the proposed new location and the probable duration ofoperation at the new location. b. Notice shall be given to the cabinet not less than ten (10) days in advance ofthe proposed relocation unless a different time duration is previously approved by the cabinet pursuantto this subsection. (e) The source or modification was not subject to this administrative regulation with respect to particulate matter requirements in effect before July 31 , 1987, and the owner or operator: 1. Obtained all final federal, state, and local preconstruction approvals or permits necessary underthe applicable SIP before July 31, 1987; 2. Commenced construction within eighteen (18) months afterJuly 31, 1987; and 3. Did not discontinue construction for a period ofeighteen (18) months or more and completed construction within a reasonable period oftime. (f)1. The source or modification was subject to this administrative regulation for particulate matter requirements in effect before July 31, 1987, and the owner oroperatorsubmitted an application for a permit underthe applicable permit program before that date; and 2. The cabinet subsequently determined that the application as submitted was complete with respect to the particulate matter requirements then in effect. (2) Sections 8 to16 ofthis administrative regulation shall not apply to a major stationary source or major modification for a particular pollutant ifthe
owner or operator demonstrates that, for that pollutant, the source or modification is located in an area designated as nonattainment pursuant to 42. U.S.C. 7407(d)(1)(A)(i). (3) Sections 9,11, and 13 ofthis administrative regulation shall not apply to a proposed major stationary source or major modification for a particular pollutant, ifthe allowable emissions ofthat pollutant from the source, orthe net emissions increase ofthat pollutant from a modification: (a) Will not impact a Class I area or an area where an applicable increment is known to be violated; and (b) Will be temporary. (4) Sections 9, 11, and 13 ofthis administrative regulation, as applicable to a maximum allowable increase for a Class II area, shall not apply to a major modification at a stationary source that was in existence on March 1, 1978, ifthe net increase in allowable emissions of each regulated NSR pollutant from the modification afterthe application of BACTwill be less than fifty (50) tons peryear. (5) The cabinet may exempt a proposed major stationary source or major modification from the monitoring requirements of Section 11 of this administrative regulation for a particular pollutant, if: (a) The emissions increase ofthe pollutant from the new source or the net emissions increase ofthe pollutant from the modification will cause air quality impacts in an area, which are less than the amounts listed in the following table; or Pollutant Air Quality Level Averaging Time Carbon monoxide 5751Jg/m3 8-hour average Nitrogen dioxide 14 1Jg/m3 annual average Particulate matter 10 1Jg/m3 of PM 10 24-houraverage Sulfur dioxide 13 1Jg/m3 24-houraverage Ozone A de minimis air quality level is not provided for ozone. However, a net increase of 100 tons per year or more of volatile organic compounds or nitrogen oxides subject to this



## http://www.lrc.ky.gov/kar/401/051/017.htm 4110/2012

## 401 KAR51:017. Preventionofsignificantdeteriorationofairquality. Page 5of16

administrative regulation shall be required to perform an ambient impact analysis including the gathering ofambient airquality data. Lead 0.1

### ~g/m**3** 3-month average Fluorides 0.25

### ~g/m**3** 24-houraverage Hydrogen sulfide 0.2

### ~g/m**3** 1-houraverage Total reduced sulfur 10

### ~g/m**3** 1-houraverage Reduced sulfur 10

### ~g/m**3** 1-houraverage compounds (b) The concentrations ofthe pollutant in the area that the source or modification will affect are less than the concentrations listed in the table in paragraph (a) ofthis subsection, or the pollutant is not listed in the table. (6) Permitting requirements equivalent to Section 9(2) of this administrative regulation shall not apply to a stationary source or modification for a maximum allowable increase for nitrogen oxides, if: (a) The owner or operator ofthe source or modification submitted an application for a permit or permit revision underthe applicable permit program before the date on which the provisions embodying the maximum allowable increase took effect in the Kentucky SIP; and (b) The cabinet subsequently determined that the application as submitted before that datewas complete. (7) Permitting requirements equivalent to Section 10(2) ofthis administrative regulation shall not apply to a stationary source or modification for a maximum allowable increase for PM 10, if: (a) The owner or operator of the source or modification submitted an application for a permit under the applicable permit program before the provisions embodying the maximum allowable increases for PM 10 took effect as part of Kentucky's SIP; and (b) The cabinet subsequently determined thatthe application as submitted before that date was complete. (8)(a) The cabinet may determine that the requirements for air quality monitoring of PM 10 in Section 11 of this administrative regulation shall not apply to a particular source or modification, if: 1. The owner or operator ofthe source or modification submitted an application for a permit underthis section on or before June 1, 1988; and 2. The cabinet subsequently determines that the application as submitted before that date was complete, except for the requirements for monitoring particulate matter specified in Section 11 ofthis administrative regulation. (b) The requirements for airquality monitoring of PM 10 in Section 11 ofthis administrative regulation shall apply to a particular source or modification ifthe owner or operator ofthe source or modification submitted an application for a permit under 40 C.F.R. 52.21 or this administrative regulation after June 1, 1988, and not laterthan December 1, 1988. 1. The data shall have been gathered over at least the period from February 1, 1988, to the date the application becomes complete in accordance with Section 11 ofthis administrative regulation; and 2. Ifthe cabinet determines that a complete and adequate analysis can be accomplished with monitoring data over a shorter period, which may not to be less than four (4) months, the data that Section 11 ofthis administrative regulation requires shall have been gathered overthat shorter period. (9) Ifthe owner or operator ofthe source or modification submitted an application for a permit under40 C.F.R. 52.21 orthis administrative regulation before the date the provisions embodying the maximum allowable increases for PM 10 took effect and the cabinet subsequently determined that the application as submitted before that datewas complete, the requirements ofSection 9(2) ofthis administrative regulation shall: (a) Not apply to a stationary source or modification for a maximum allowable increase for PM 10; and (b) Apply forthe maximum allowable increases forTSP as in effect on the daythe application was submitted.

Section 8. Control Technology Review. (1) A major stationary source or major modification shall meet each applicable emissions limitation underthe Kentucky SIP and each applicable emissions standard and standard ofperformance pursuant to 40 C.F.R. Parts 60 and 61. (2) A new major stationary source shall apply BACT for each regulated NSR pollutant for which the source has the potential to emit in significant amounts. (3) A major modification shall apply BACT: (a) Foreach regulated NSR pollutant that results in a significant net emissions increase at the source; and (b) For each proposed emissions unit at which a net emissions increase in the pollutant occurs as a result of a physical change or change in the method ofoperation ofthe unit. (4) For phased construction projects:



## http://www.lrc.ky.gov/kar/401/051/017.htm 4/10/2012

## 401 KAR51:017. Preventionofsignificantdeterioration ofairquality. Page 6 of16

(a) The cabinet shall review and modify, as appropriate, the BACT determination at the latest reasonable time occurring not laterthan eighteen (18) months priorto commencement ofconstruction ofeach independent phase ofthe project; and (b) If requested by the cabinet, the owner or operator of the applicable stationary source shall demonstrate the adequacy of a previous BACT determination forthe source.

Section 9. Source Impact Analysis. The owner or operator of the proposed source or modification shall demonstrate that allowable emissions increases from the proposed source or modification, in conjunction with all other applicable emissions increases or reductions, including secondary emissions, shall not cause orcontribute to air pollution in violation of: (1) A national ambient air quality standard in an airquality control region; or (2) An applicable maximum allowable increase overthe baseline concentration in any area.

Section 10. Air Quality Models. (1) Estimates of ambient concentrations shall be based on the applicable air quality models, databases, and other requirements specified in 40 C.F.R. Part 51, Appendix W, "Guideline on AirQuality Models"Appendix A. (2) Ifan airquality model specified in 40 C.F.R. Part 51, AppendixW, is inappropriate, the model may be modified oranother model substituted. (a) The use ofa modified orsubstitute model shall be: 1. Subjectto notice and opportunity for public comment under401 KAR 52:100; and 2. Approved in writing by the U.S. EPA pursuantto 40 C.F.R. 51.166(1). (b) Methods similarto those outlined in the 'Workbook forthe Comparison ofAir Quality Models," specified in 401 KAR 50:040, Section 1(3), shall be used to determine the comparability ofairquality models.

Section 11. Air Quality Analysis. (1) Preapplication analysis. (a) An application for a permit or permit revision under 401 KAR 52:020 and this administrative regulation shall contain an analysis of ambient air quality in the area that the majorstationary source or major modification will affectfor each ofthe following: 1. For a source, each pollutantthat the source will have the potential to emit in a significant amount; 2. For a modification, each pollutantthat the modification will result in a significant net emissions increase. (b) For a pollutant that does not have a national ambient air quality standard, the analysis shall contain air quality monitoring data the cabinet determines necessary to assess ambient airquality forthat pollutant in an area that the emissions ofthat pollutantwill affect. (c) For pollutants, otherthan nonmethane hydrocarbons, forwhich a standard exists, the analysis shall contain continuous air quality monitoring data gathered to determine ifemissions ofthat pollutant will cause orcontribute to aviolation ofthe standard ora maximum allowable increase. (d)1. The required continuous airquality monitoring data shall have been gathered over a period ofat least one (1) year and shall represent at least the year preceding receipt ofthe application. 2. Ifthe cabinet determines that a complete and adequate analysis may be accomplished with monitoring data gathered over a period shorter than
one (1) year, that period shall be not less than four (4) months. (e) For analysis ofvolatile organic compounds, the owner or operator of a proposed major stationary source or major modification who satisfies all conditions of40 C.F.R. Part 51, Appendix S, section IV may provide postapproval monitoring data for ozone instead ofproviding preconstruction data as required in this section. 

### (f) For air quality monitoring of PM 10 under Section 7(8)(a) and (b) ofthis administrative regulation, the owner or operator ofthe source or major modification shall use a monitoring method approved by the cabinet pursuant to 40 C.F.R. Part 53 and shall estimate the ambient concentrations of PM 10 using the data collected by that approved monitoring method in accordance with estimating procedures approved by the cabinet pursuant to 40 C.F.R. Part 58, AppendixA. (2) Postconstruction monitoring. After construction of a major stationary source or major modification, the owner or operator shall conduct ambient monitoring that the cabinet determines is necessary to determine the effect emissions from the stationary source or modification may have, or are having, on air quality in an area. (3) Operation of monitoring stations. During the operation of air quality monitoring stations, the owner or operator of a major stationary source or major modification shall meetthe requirements of40 C.F.R. Part 58, AppendixA to satisfy the air quality analysis requirements ofthis section.

Section 12. Source Information. The owner or operator ofa proposed source or modification shall submit to the cabinet all information necessary to perform an analysis or make a determination required underthis administrative regulation. (1) The information shall include:



## http://www.lrc.ky.gov/kar/401/051/017.htm 4110/2012

## 401 KAR51 :017. Preventionofsignificantdeteriorationofair quality. Page7 of16

(a) A description ofthe nature, location, design capacity, and typical operating schedule ofthe source or modification, including specifications and drawings showing its design and plant layout; (b) A detailed schedule for construction ofthe source or modification; and (c) A detailed description of the system of continuous emissions reduction planned for the source or modification, emissions estimates, and any information necessary to determine that BACT will be applied. (2) Upon request ofthe cabinet, the owner or operatorshall also provide information on: (a) The air quality impact ofthe source or modification, including meteorological and topographical data necessaryto estimate the impact; and (b) The air quality impacts and the nature and extent ofgeneral commercial, residential, industrial, and other growth that has occurred since August 7, 1977, in the area the source or modification will affect.

Section 13. Additional Impact Analysis. (1) The owner or operator shall provide an analysis ofthe impairment to visibility, soils, and vegetation that will occur as a result of: (a) The source or modification; and (b) General commercial, residential, industrial, and other growth associated with the source or modification. (2) The owner or operator shall not be required to provide an analysis ofthe impact on vegetation not having significant commercial or recreational value. (3) The owner or operator shall provide an analysis ofthe air quality impact projected for the area as a result of general commercial, residential, industrial, and othergrowth associated with the source or modification. (4) Visibility monitoring. (a) If the cabinet requires monitoring of visibility in a Class 1 area impacted by the proposed new stationary source or major modification, the monitoring shall be performed using: 1. Human observations; 2. Teleradiometers; 3. Photographic cameras; 4. Nephelometers; 5. Fine particulate monitors; or 6. Other U.S. EPA-approved methods. (b) The method selected shall be determined on a case-by-case basis by the cabinet pursuant to 40 C.F.R. 51.166. (c) Visibility monitoring required by the cabinet in a Class I area shall be approved by the federal land manager. (d) Data obtained from visibility monitoring shall be made available to the cabinet, the U.S. EPA, and the federal land manager, upon request.

Section 14. Sources Impacting Class I Areas; Additional Requirements. (1) Notice to U.S. EPA and federal land managers. The cabinet shall provide; (a) Written notice to the U.S. EPA, the federal land manager, and the federal official charged with direct responsibility for management oflands within
a Class I area ofa permit application for a proposed major stationary source or major modification that may affect the Class I area. (b) Notice promptly after receiving the permit application. The notice shall: 1. Include a copy ofall information relevant to the permit application; 2. Be given within thirty (30) days of receipt and at least sixty (60) days priorto the public hearing on the application for a permit to construct; and 3. Include an analysis ofthe proposed source's anticipated impacts on visibility in the Class I area. (c) The cabinet shall also provide the federal land manager and other federal officials with a copy ofthe preliminary determination and shall make available to them the materials used in making that determination, promptly after the cabinet makes it. The cabinet shall also notify all affected federal land managerswithin thirty (30) days of receipt ofan advanced notification ofthe permit application. (2) Federal land manager. The federal land manager and the federal official charged with direct responsibility for management of lands located in a Class I area shall have an affirmative responsibility to protect visibility and other air quality related values ofthe lands and to consider, in consultation with the cabinet, ifa proposed source or modification will have an adverse impact on those values. (3) Visibility analysis. (a) The cabinet shall consider an analysis performed by the federal land manager, which is provided within thirty (30) days ofthe notice and analysis required by subsection (1) ofthis section, which shows that a proposed new major stationary source or major modification may have an adverse impact
on visibility in a Class I area.



## http://www.lrc.ky.gov/kar/401/051/017.htm 4/10/2012

## 401 KAR51 :017. Preventionofsignificantdeterioration ofair quality. Page 8of16

(b) If the cabinet finds the analysis does not demonstrate to the cabinet's satisfaction that an adverse impact on visibility will result in the Class I area, the cabinet shall, in the public notice required in 401 KAR 52:100, either explain that decision or give notice as to where the explanation may be obtained. (4) Denial; impact on airquality related values. (a) The federal land manager of lands located in a Class I area may demonstrate to the cabinet that the emissions from a proposed source or modification will have an adverse impact on the visibility and other air quality related values of those lands, even though the change in air quality resulting from emissions from the proposed source or modification will not cause or contribute to concentrations that will exceed the maximum allowable increases for a Class I area. (b) If the cabinet concurs with the demonstration specified in paragraph (a) of this subsection, the cabinet shall not issue the permit or permit revision. (5) Class Ivariances. (a) The owner or operator ofa proposed source or modification may demonstrate to the federal land manager that the emissions from the source or modification will not have adverse impact on the visibility or other air quality related values of lands located in a Class I area, even though the change in air quality resulting from emissions from the source or modification will cause or contribute to concentrations that will exceed the maximum allowable increases for a Class I area as specified in Section 2(1) ofthis administrative regulation. (b) If limitations are necessary, the cabinet may issue the permit or permit revision with emissions limitations necessary to assure that emissions of sulfur dioxide, particulate matter, and nitrogen oxides will not exceed the maximum allowable increases over minor source baseline concentration for the pollutants as specified in Section 2(1) ofthis administrative regulation if: 1. The federal land manager concurs with the demonstration specified in paragraph (a) ofthis subsection and certifies accordingly; and 2. The other applicable requirements ofthis administrative regulation are met. (6) Sulfurdioxide variance by governorwith federal land manager's concurrence. (a) The owner or operator ofa proposed source or modification, which cannot be approved under subsection (5) ofthis section because the source cannot be constructed without exceeding a maximum allowable increase in sulfur dioxide applicable to a Class I area for a period of twenty-four (24) hours or less, may demonstrate to the Governor of the Commonwealth of Kentucky that a variance will not adversely affect the visibility or other air quality related values ofthe area. (b) The governor, after consideration of the federal land manager's recommendation, if applicable, and subject to the federal land manager's concurrence, may, after notice and public hearing, grant avariance from the maximum allowable increase. (c) If a variance is granted, the cabinet shall issue a permit or permit revision to the source or modification under the requirements of 401 KAR Chapter 52 ifthe other applicable requirements ofthis administrative regulation are met. (7) Variance by the governorwith the President's concurrence. (a) If the Governor of the Commonwealth of Kentucky recommends a variance in which the federal land manager does not concur, the recommendations ofthe governor and thefederal land managershall be transmitted to the President ofthe United States ofAmerica. (b) Ifthe variance is approved by the President, the cabinet shall issue a permit or permit revision in accordance with the requirements of401 KAR Chapter 52, ifthe other applicable requirements ofthis administrative regulation are met. (8) Emissions limitations for presidential or gubernatorial variance. For a permit or permit revision issued pursuant to subsections (6) or (7) ofthis section, the source or modification shall comply with the emissions limitations necessary to assure that: (a) Emissions of sulfur dioxide from the source or modification shall not, during a day on which the other applicable maximum allowable increases
are exceeded, cause or contribute to concentrations that will exceed the maximum allowable increases over the baseline concentration as specified in the following table; andMaximum Allowable Increase (Micrograms per cubic meter) Terrain areas Period of Exposure Low High 24-hour maximum 36 62 3-hour maximum 130 221 (b) Emissions shall not cause or contribute to concentrations that exceed other applicable maximum allowable increases for periods ofexposure of twenty-four (24) hours or less for more than a total ofeighteen (18) days that are not necessarily consecutive during an annual period.

Section 15. Public Participation. The cabinet shall follow the applicable procedures of401 KAR 52:100, 40 C.F.R. 51.166(q), and this administrative



## http://www.lrc.ky.gov/kar/401/051/017.htm 4110/2012

## 401 KAR51:017. Preventionofsignificantdeteriorationofairquality. Page 9 of16

regulation in processing applications underthis administrative regulation.

Section 16. Source Obligation. (1) An owner or operator of a source or modification subject to this administrative regulation who begins actual construction after September 22, 1982, shall construct and operate the source or modification in accordance with the application submitted to the cabinet underthis administrative regulation and 401 KAR 52:020 or underthe terms ofan approval to construct. (2)(a) Approval to construct shall become invalid ifconstruction: 1. Is not commenced within eighteen (18) months after receipt ofthe approval; 2. Is discontinued fora period ofeighteen (18) months or more; or 3. Is not completed within a reasonable time. (b) The cabinet may extend the eighteen (18) month period upon a satisfactory demonstration that an extension isjustified. 1. An extension shall not apply to the time period between construction ofthe approved phases ofa phased construction project; and 2. Each phase shall commence construction within eighteen (18) months ofthe projected and approved commencement date. (3) Approval to construct shall not relieve an owner or operator of the responsibility to comply fully with 401 KAR Chapters 50 to 68 and other requirements of local, state, orfederal law. (4) Ifa particular source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in an enforceable limitation that was established after August 7, 1980, on the capacity of the source or modification to emit a pollutant, Sections 8 to 16 of this administrative regulation shall apply to the source or modification as though construction had notyet commenced on the source or modification. (5)(a) The provisions ofthis subsection shall apply to projects at existing emissions units at a major stationary source otherthan projects at a source with a PAL, if: 1. There is a reasonable possibility that a project that is not part ofa major modification may result in a significant emissions increase; and 2. The owner or operatorelects to use the method specified in 401 KAR 51:001, Section 1(199)(b) to calculate projected actual emissions. (b) Before beginning actual construction ofa project specified in paragraph (a) ofthis subsection, the owner or operator shall document and maintain
a record ofthe following information: 1. A description ofthe project; 2. Identification ofthe emissions units forwhich emissions ofa regulated NSR pollutant could be affected by the project; and 3. A description ofthe applicability test used to determine that the project is not a major modification for any regulated NSR pollutant, including:
a. Baseline actual emissions; b. Projected actual emissions;
c. Amount ofemissions excluded in calculating projected actual emissions and an explanation forwhy that amountwas excluded; and d. Any applicable netting calculations. (c) For a project specified in paragraph (a) ofthis subsection, the owner oroperatorshall: 1. Monitor the emissions of any regulated NSR pollutant that could increase as a result ofthe project and that are emitted by any emissions unit identified in paragraph (b)2 ofthis subsection; and 2. Calculate and maintain a record ofthe annual emissions, in tons peryearon a calendaryear basis for:
a. Five (5) years following resumption ofregular operations afterthe change; or b. Ten (10) years following resumption of regular operations after the change ifthe project increases the design capacity or potential to emit ofthe regulated NSR pollutant at the emissions unit. (d) Ifthe emissions unit is an existing EUSGU, before beginning actual construction, the owner or operator: 1. Shall provide a copy ofthe information in paragraph (b) ofthis subsection to the cabinet, but shall not be required to obtain a determination from the cabinet before beginning actual construction; and 2. Shall submit a report to the cabinet within sixty (60) days after the end of each year during which records are required to be generated under paragraph (b) ofthis subsection that reports the unit's annual emissions during the calendaryearthat preceded submission ofthe report. (e)1. For an existing unit otherthan an EUSGU, the owneror operator shall submit a report to the cabinet if:
a. The annual emissions, in tons per year, from a project identified in paragraph (a) ofthis subsection exceeds the baseline actual emissions, as documented and maintained pursuant to paragraph (b)3 ofthis subsection, by a significant amountforthat regulated NSR pollutant; and b. The emissions differfrom the preconstruction projection as documented and maintained pursuant to paragraph (b)3 ofthis subsection. 2. The report shall be submitted within sixty (60) days afterthe end ofthe year during which records are required to be generated under paragraph (b) ofthis subsection and shall contain the following:
a. The name, address, and telephone number ofthe majorstationary source;



## http://www.lrc.ky.gov/kar/401/051/017.htm 4/10/2012

## 401 KAR51:017. Preventionofsignificantdeterioration ofair quality. Page 10 of16

b. The annual emissions as calculated pursuant to paragraph (c) ofthis subsection; and
c. Any other information that the owner or operatorwishes to include in the report. (f) The owner or operator ofthe source shall make the information required to be documented and maintained under to this subsection available for review upon request for inspection by the cabinet orthe general public pursuant to 401 KAR 52:100.

Section 17. Environmental Impact Statements. If a proposed source or modification is subject to action by a federal agency that may necessitate preparation of an environmental impact statement under 42 U.S.C. 4321 to 4370d (the National Environmental Policy Act), review by the cabinet conducted in accordance with this administrative regulation shall be coordinated with the broad environmental reviews under that Act and under 42 U.S.C. 7609 to the maximum extent feasible and reasonable.

Section 18. Innovative Control Technology. (1) An owner or operator ofa proposed major stationary source or major modification may make awritten request that the cabinet approve a system of innovative control technology. (2) The cabinet may, with the consent ofthe governors of other affected states, determine that the source or modification may employ a system of innovative control technology if: (a) The proposed control system will not cause or contribute to an unreasonable risk to public health, welfare, orsafety in its operation orfunction; (b) The owner or operator agrees to achieve a level of continuous emissions reduction equivalent to that which would have been required under Section 8(2) ofthis administrative regulation by a date, specified by the cabinet that is not laterthan four (4) years from the time ofstart-up or seven (7) years from permit issuance; (c) The source or modification shall meet requirements equivalent to those in Sections 8 and 9 of this administrative regulation based on the emissions rate that the stationary source employing the system of innovative control technology shall be required to meet on the date specified by the cabinet; (d) The source or modification shall not before the date specified by the cabinet: 1. Cause or contribute to a violation ofan applicable national ambient air quality standard; or 2. Impact an area in which an applicable increment is known to be violated; (e) Section 14 ofthis administrative regulation relating to Class I areas has been satisfied for all periods during the life ofthe source or modification; and(f) All other applicable requirements including those for public participation have been met. (3) The cabinet shall withdraw approval to employ a system of innovative control technology if: (a) The proposed system fails by the specified date to achieve the required continuous emissions reduction rate; (b) The proposed system fails before the specified date and contributes to an unreasonable risk to public health, welfare, or safety; or (c) The cabinet decides that the proposed system is unlikelyto achieve the required level ofcontrol orto protect the public health, welfare, orsafety. (4) Ifa source or modification fails to meet the required level ofcontinuous emissions reduction within the specified time period or the approval is withdrawn in accordance with subsection (3) ofthis section, the cabinet may allow the source or modification up to an additional three (3) years to meet the requirement for the application of BACTthrough use ofa demonstrated system ofcontrol.

Section 19. Permit Condition Rescission. (1)(a) An owner or operator holding a permit for a stationary source or modification that contains conditions pursuant to 401 KAR 51 :015 or 51 :016E may request that the cabinet rescind the applicable conditions. (b) An owner or operator of a stationary source or modification who holds a permit for the source or modification that was issued under this administrative regulation as in effect on July 30, 1987, or an earlier version ofthis administrative regulation, may request that the cabinet rescind the permit ora particular portion ofthe permit. (2) The cabinet shall rescind a permit condition if requested and if the applicant can demonstrate to the satisfaction of the cabinet that this administrative regulation does not apply to the source or modification orto a portion ofthe source or modification.

Section 20. Plant-wide Applicability Limit Provisions. The cabinet shall only approve the use ofan actuals PAL (PAL) for an existing major stationary
source ifthe PAL meets the requirements ofthis section. (1) General provisions. (a) An owner or operator may execute a project without triggering major NSR, ifthe source maintains its total source-wide emissions below the PAL level, meets the requirements in this section, and complies with the PAL permit. Ifthese conditions are met, a project: 1. Shall not be considered a major modification forthe PAL pollutant;



## http://www.lrc.ky.gov/kar/401/051/017.htm 4/10/2012

## 401 KAR51:017. Preventionofsignificantdeteriorationofairquality. Page 11 of16

2. Shall not have to be approved through Kentucky's major NSR program; and 3. Shall not be subject to the provisions of Section 16(4) ofthis administrative regulation concerning restrictions on relaxing enforceable emission limitationsthat a majorstationary source used to avoid applicability ofthe major NSR program. (b) Except as provided under subparagraph (1)(a)3 ofthis section, a major stationary source shall continue to comply with all applicable federal or state requirements, emissions limitations, and work practice requirements thatwere established priorto the effective date ofthe PAL. (2) Permit application requirements. The owner or operator of a major stationary source shall submit the following information to the cabinet for approval as part ofan application for a permit or permit revision requesting a PAL: (a) A list ofall emissions units at the source designated as small, significant, or major, based on their potential to emit; (b) Identification ofthe federal and state applicable requirements, emissions limitations, and work practice requirements that apply to each emissions unit; (c) Calculations ofthe baseline actual emissions forthe emissions units with supporting documentation, including emissions associated with startup, shutdown, and malfunction; and (d) The calculation procedures the owner or operator proposes to use to convert the monitoring system data to monthly emissions and annual emissions based on a twelve (12) month rolling total for each month as required by subsection (12)(a) ofthis section. (3) Establishing a PAL. The cabinet shall establish a PAL at a majorstationary source in a federally enforceable permit pursuant to the requirements ofthis section. (a) The PAL shall impose an annual emissions limitation in tons per year that is enforceable as a practical matter for the entire major stationary
source. 1. For each month during the PAL effective period after the first twelve (12) months ofestablishing a PAL, the owner or operator shall demonstrate that the sum ofthe monthly emissions from each emissions unit underthe PAL for the previous twelve (12) consecutive months is less than the PAL as
a twelve (12) month average, rolled monthly; and 2. For each month during the first eleven (11) months from the PAL effective date, the owner or operator shall demonstrate that the sum of the preceding monthly emissions from the PAL effective date for each emissions unit underthe PAL is less than the PAL. (b) The PAL shall be established in a PAL permit that: 1. Meetsthe public participation requirements in subsection (4) ofthis section; and 2. Contains all the requirements ofsubsection (6) ofthis section. (c) A PAL shall include fugitive emissions, to the extent quantifiable, from all emissions units that emit or have the potential to emit the PAL pollutant at the major stationary source. (d) Each PAL shall regulate emissions ofonly one (1) pollutant. (e) Each PAL shall have a PAL effective period often (10) years. (f) The owner or operator of a major stationary source with a PAL shall comply with the monitoring, recordkeeping, and reporting requirements of subsections (11) to (13) ofthis section for each emissions unit underthe PAL through the PALeffective period. (g) Emissions reductions of a PAL pollutant that occur during the PAL effective period shall not be creditable as decreases for offsets under 40 C.F.R. 51.165(a)(3)(ii), unless: 1. The level ofthe PAL is reduced by the amount ofthe emissions reductions; and 2. The reductions will be creditable in the absence ofthe PAL. (4) Public participation requirements. PALs for existing major stationary sources shall be established, renewed, or increased pursuant to this subsection and the applicable procedures of401 KAR 52:100. The cabinet shall: (a) Provide the publicwith notice ofthe proposed approval ofa PAL permitwith at least athirty (30) day period forsubmittal ofpublic comment; and (b) Address all material comments before taking final action on a PAL permit or permit revision. (5) Setting the ten (10) year PAL level. (a) The PAL level for a major stationary source shall be the sum ofthe baseline actual emissions ofthe PAL pollutant for each emissions unit at the
source during the chosen twenty-four (24) month period plus the applicable significant level for the PAL pollutant under the definition for "significant" in 401 KAR 51:001, Section 1 or under42 U.S.C. 7401-7671q, whichever is lower. (b) In establishing a PAL level for a PAL pollutant, only one (1) consecutive twenty-four (24) month period shall be used to determine the baseline actual emissions for all existing emissions units. (c) A different consecutive twenty-four (24) month period may be used for each different PAL pollutant. (d) Emissions associated with units that were permanently shut down after the chosen twenty-four (24) month period shall be subtracted from the PAL level.



## http://www.lrc.ky.gov/kar/401/051/017.htm 4/10/2012

## 401 KAR51:017. Preventionofsignificantdeterioration ofair quality. Page 12 of16

(e) Emissions from units for which actual construction began after the twenty-four (24) month period shall be added to the PAL level in an amount equal to the potential to emit ofthe units. 

### (f) The cabinet shall specify a reduced PAL level in the PAL permit to become effective on the future compliance date of any applicable federal or state regulatory requirement that the cabinet is aware ofpriorto issuance ofthe PAL permit. (6) Contents ofthe PAL permit. The PAL permit shall contain the following information: (a) The PAL pollutant and the applicable source-wide emissions limitation in tons peryear; (b) The PAL permit effective date and the expiration date ofthe PAL or PAL effective period; (c) Specification in the PAL permit that if a major stationary source owner or operator applies to renew a PAL under subsection (9) ofthis section before the end ofthe PAL effective period, the PAL shall remain in effect until a revised PAL permit is issued by the cabinet; (d) A requirement that emissions calculations for compliance purposes include emissions from startups, shutdowns, and malfunctions; (e) A requirement that, once the PAL expires, the major stationary source shall be subjectto the requirements ofsubsection (8) ofthis section; 

### (f) The calculation procedures that the major stationary source owner or operator shall use to convert the monitoring system data to monthly emissions and annual emissions based on a twelve (12) month rolling total for each month as required by subsection (12)(a) ofthis section; (g) A requirement that the major stationary source owner oroperatorshall monitor all emissions units in accordance with the provisions in subsection (12) ofthis section; (h) A requirement that the owner or operator shall retain the records required under subsection (12) ofthis section on site. Records may be retained in an electronicformat; (i) A requirement forthe owner oroperatorto submit the reports required undersubsection (13) ofthis section by the required deadlines; and (j) Any requirements necessaryto implement and enforce the PAL. (7) PAL effective period and reopening ofa PAL permit. (a) A PAL effective period shall be ten (10) years. (b) The cabinet shall reopen a PAL permitto: 1. Correct typographical or calculation errors made in setting the PAL; 2. Reflect a more accurate determination ofemissions used to establish the PAL; 3. Reduce the PAL ifthe owner oroperator ofthe major stationary source creates creditable emissions reductions for use as offsets under40 C.F.R. 51.165(a)(3)(ii); or 4. Revise the PAL to reflect an increase in the PAL according to subsection (10) ofthis section. (c) The cabinet may reopen the PAL permit, during the PAL effective period, to: 1. Reduce the PAL to reflect newly applicable federal requirements with compliance dates after the PAL effective date; 2. Reduce the PAL consistent with any requirement enforceable as a practical matter and imposed on the major stationary source under the SIP; and3. Reduce the PAL ifthe cabinet determinesthat a reduction is necessary to avoid causing or contributing to:
a. A National AmbientAir Quality Standard (NAAQS) or PSD incrementviolation; or b. An adverse impact on visibility oranother airquality related value that has been identified for a federal Class I area by a federal land manager and for which information is available to the general public. (d) All permit reopenings shall be carried out underthe public participation requirements ofsubsection (4) ofthis section except for permit reopenings to correct typographical or calculation oferrors that do not increase the PAL level. (8) Expiration ofa PAL. A PAL that is not renewed shall expire at the end ofthe PAL effective period, and the requirements ofthis subsection shall then apply. (a) Each emissions unit, or each group ofemissions units, that existed under the PAL shall comply with an allowable emissions limitations under a revised permit established as follows: 1. An owner or operator ofa major stationary source using a PAL shall submit a proposed allowable emissions limitation for each emissions unit, or each group of emissions units, by distributing the PAL allowable emissions for the major stationary source among each of the emissions units that existed underthe PAL.

a. This proposal shall be submitted to the cabinet at least six (6) months before the expiration ofthe PAL permit but not sooner than eighteen (18) months before permit expiration. b. If the PAL has not yet been adjusted for an applicable requirement that became effective during the PAL effective period, as required under subsection (9)(e) ofthis section, distribution ofallowable emissions shall be made as ifthe PAL has been adjusted. 2. The cabinet shall decide the date and procedure the owner oroperator shall use to distributethe PAL allowable emissions.



## http://www.lrc.ky.gov/kar/401/051/017.htm 4110/2012

## 401 KAR51 :017. Preventionofsignificantdeteriorationofairquality. Page 13 of16

3. The cabinet shall issue a revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as the cabinet determines is appropriate. (b) Each emissions unit shall comply with the allowable emissions limitation on a twelve (12) month rolling basis. The cabinet may approve the use of monitoring systems other than CEMS, CERMS, PEMS, or CPMS if the alternate monitoring system demonstrates compliance with the allowable emissions limitation. (c) The source shall continue to comply with a source-wide, multiunit emissions cap equivalent to the level ofthe PAL emissions limitation until the cabinet issues the revised permit incorporating allowable limits for each emissions unit oreach group ofemissions units. (d) A major modification at the majorstationary source shall be subject to major NSR requirements. (e) The major stationary source owner or operator shall continue to comply with any state or federal applicable requirements eliminated by the PAL that applied during or before the PAL effective period, except for those emissions limitations established pursuant to Section 16(4) ofthis administrative regulation. (9) Renewal ofa PAL. (a) Public participation requirements. 1. The cabinet shall follow the public participation procedures specified in subsection (4) ofthis section in approving a request to renew a PAL for a major stationary source. 2. The cabinet shall provide awritten rationale forthe proposed PAL level for public review and comment. 3. Any person may propose a PAL level forthe source for consideration by the cabinet during the public review period. (b) Application deadline. 1. A major stationary source owner or operator shall submit an application for renewal of a PAL at least six (6) months before the date of permit expiration but not earlierthan eighteen (18) months before permit expiration. 2. The deadline for application submittal shall ensurethat the permit shall not expire before the permit is renewed. 3. Ifa complete application for renewal is submitted within the timeframe specified in subparagraph 1 ofthis paragraph, the PAL shall continue to be effective until the revised permitwith the renewed PAL is issued. (c) Application requirements. The application to renew a PAL permit shall contain: 1. The information required in subsection (2) ofthis section; 2. A proposed PAL level; 3. The sum ofthe potential to emit ofall emissions units underthe PAL with supporting documentation; and 4. Any other information the owner or operatorwishes the cabinet to consider in determining the appropriate level to renew the PAL. (d) PAL adjustment. 1. A PAL shall not exceed the source's potential to emit. The cabinet shall adjust the PAL downward if a source's potential to emit has declined below the PAL level. 2. The cabinet may renew the PAL at the same level as the current PAL ifthe sum ofthe baseline actual emissions for all emissions units at the
source plus an amount equal to the significant level is equal to or greater than eighty (80) percent ofthe current PAL level, unless the sum is greater than the source's potential to emit. 3. Ifthe sum ofthe baseline actual emissions for all emissions units atthe source plus an amount equal to the significant level is less than eighty (80) percent ofthe current PAL level, the cabinet may set the PAL at a different level ifthe level is determined to be:
a. More representative ofthe source's baseline actual emissions; or b. Appropriate considering the following factors: (i) Airquality needs; (ii) Advances in control technology; (iii) Anticipated economic growth in the area ofthe source; (iv) The cabinet's goal ofpromoting voluntary emissions reductions; (v) Cost effective emissions control alternatives; and (vi) Otherfactors as specifically identified by the cabinet in its written rationale for setting the PAL level. 4. The cabinet shall not approve a renewed PAL level higher than the current PAL, unless the major stationary source has complied with the provisions ofsubsection (10) ofthis section. (e) The PAL shall be adjusted in conjunction with PAL permit renewal orTitle V permit renewal, whichevercomes first, if: 1. The compliance datefora state orfederal applicable requirement that applies to the PAL source occurs during the PAL effective period; and 2. The cabinet has not already adjusted forthe requirement.



## http://www.lrc.ky.gov/kar/401/051/017.htm 4/10/2012

## 401KAR51:017. Preventionofsignificantdeterioration ofair quality. Page 14 of16

(10) Increasing a PAL during the PAL effective period. The cabinet may increase a PAL emissions limitation during the PAL effective period if the majorstationary source complies with the provisions ofthis subsection. (a) Application procedures. To request an increase in the PAL limit for a PAL major modification, the owneror operator ofthe major stationary source shall submit a complete application, which shall include: 1. Identification ofthe emissions units contributing to the increase in emissions that cause the source's emissions to equal or exceed its PAL; 2. Demonstration that the increased PAL, as calculated in paragraph (c) ofthis subsection, exceeds the PAL; and
a. The level of control that results from BACT equivalent controls on each significant or major emissions unit shall be determined by conducting a
new BACT analysis with the application submittal, unless the emissions unit is currently required to comply with a BACT or LAER requirement that was established within the preceding ten (10) years; b. If an emissions unit currently complies with BACT or LAER, the assumed control level for that emissions unit shall be equal to the current level of BACT or LAER forthat emissions unit; and 3. A statement that the increased PAL level shall be effective on the day any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant. (b) NSR permit and compliance requirement. The owner or operator shall obtain a major NSR permit for all emissions units contributing to the increase in emissions forthe PAL major modification. 1. A significant level shall not apply in deciding forwhich emissions units a major NSR permit shall be obtained; and 2. Emissions units that obtain a major NSR permit shall comply with any emissions requirements resulting from the major NSR process, even though the units shall also become subject to the PAL or shall continue to be subject to the PAL. (c) Calculation of increased PAL. The cabinet shall calculate the new PAL as the sum ofthe allowable emissions for each modified or new emissions unit, plus the sum ofthe baseline actual emissions ofthe significant and major emissions units assuming application of BACT equivalent controls, plus the sum ofthe baseline actual emissions ofthe small emissions units. (d) Public notice requirement. The public notice requirements of subsection (4) ofthis section shall be followed during PAL permit revision for an increased PAL level. (11) Monitoring requirements for PALs. (a) General requirements. 1. Each PAL permit shall contain enforceable requirements for the chosen monitoring system that accurately determines plant-wide emissions ofthe PAL pollutant in terms ofmass per unit oftime; 2. A monitoring system authorized for use in the PAL permit shall be:
a. Approved by the cabinet pursuant to this subsection; and b. Based on sound science and meet generally acceptable scientific procedures for data quality andmanipulation; 3. The data generated by a monitoring system shall meet minimum legal requirements for admissibility in ajudicial proceeding to enforce the PAL permit; 4. The PAL monitoring system shall employ one (1) or more ofthe four (4) general monitoring approaches meeting the minimum requirements set forth in paragraph (b) ofthis subsection; 5. The cabinet may approve an alternative monitoring approach that meets the requirements ofsubparagraphs 1to 3 ofthis paragraph; and 6. Failure to use a monitoring system that meets the requirements ofthis section shall renderthe PAL invalid. (b) Minimum performance requirements for approved monitoring approaches. If conducted in accordance with the minimum requirements in paragraphs (c) to (i) ofthis subsection, the following shall be acceptable monitoring approaches: 1. Mass balance calculations for activities using coatings or solvents; 2. CEMS; 3. CPMS or PEMS; and 4. Emission factors. (c) Mass balance calculations. An owner or operator using mass balance calculations to monitor PAL pollutant emissions from activities using coatings or solvents shall: 1. Provide a demonstrated means ofvalidating the published content ofthe PAL pollutant contained in or created by all materials used in or at the emissions unit; 2. Ifthe PAL pollutant cannot be accounted for in the process, assume that the emissions unit emits all ofthe PAL pollutant contained in or created by any raw material orfuel used in or at the emissions unit; and 3. Ifthe vendor ofthe material orfuel from which the pollutant originates publishes a range, use the highest value ofthe published range of pollutant



## http://www.lrc.ky.gov/kar/401/051/017.htm 4/10/2012

## 401 KAR51 :017. Preventionofsignificantdeteriorationofairquality. Page 15 of16

content to calculate the PAL pollutant emissions, unless the cabinet determines there is site-specific data or a site-specific monitoring program to support another pollutant content within the range. (d) CEMS. An owneror operator using CEMS to monitor PAL pollutant emissions shall meetthe following requirements: 1. CEMS shall comply with applicable performance specifications found in 40 C.F.R. Part 60, Appendix B; and 2. CEMS shall sample, analyze, and record data at least every fifteen (15) minuteswhile the emissions unit is operating. (e) CPMS or PEMS. An owner or operator using CPMS or PEMS to monitor PAL pollutant emissions shall meetthe following requirements: 1. The CPMS or the PEMS shall be based on current site-specific data demonstrating a correlation between the monitored parameter and the PAL pollutant emissions across the range ofoperation ofthe emissions unit; and 2. While the unit is operating, each CPMS or PEMS shall sample, analyze, and record data at least every fifteen (15) minutes, or at another less frequent interval ifapproved by the cabinet. 

### (f) Emission factors. An owner or operator using emission factors to monitor PAL pollutant emissions shall meetthe following requirements: 1. All emission factors shall be adjusted, ifappropriate, to account forthe degree of uncertainty or limitations in the factors' development; 2. The emissions unit shall operate within the designated range of use forthe emission factor, ifapplicable; and 3. The owner or operator ofa significant emissions unit that relies on an emission factorto calculate PAL pollutant emissions shall conduct validation testing to determine a site-specific emission factorwithin six (6) months of PAL permit issuance ifthe cabinet determines that the testing is required and technically practicable. (g) A source owner or operator shall record and report maximum potential emissions without considering enforceable emissions limitations or operational restrictions for an emissions unit during any period oftime there is no monitoring data, unless another method for determining emissions during such periods is specified in the PAL permit. (h) If an owner or operator of an emissions unit cannot demonstrate a correlation between the monitored parameters and the PAL pollutant emissions rate at all operating points of the emissions unit, as an alternative to the requirements of paragraphs (c) to (g) of this subsection, in conjunction with permit issuance the cabinet shall: 1. Establish default values for determining compliance with the PAL based on the highest potential emissions reasonably estimated at operating points; or 2. Determine that operation ofthe emissions unit during operating conditions ifthere is not a correlation between monitored parameters and the PAL pollutant emissions is aviolation ofthe PAL. (i) Revalidation. All data used to establish the PAL pollutant shall be revalidated through performance testing or other scientifically valid means if approved by the cabinet. Validation testing shall occur at least once every five (5) years after issuance ofthe PAL. (12) Recordkeeping requirements. (a) The PAL permit shall require an owner or operatorto retain a copy ofall records necessary to determine compliance with any requirement ofthis section and ofthe PAL, including a determination ofeach emissions unit's twelve (12) month rolling total emissions forfive (5) years from the date ofthe determination. (b) The PAL permit shall require an owner or operatorto retain a copy ofthe following records for the duration ofthe PAL effective period plus five (5) years: 1. A copy ofthe PAL permit application and any applications for revisions to the PAL; and 2. Each annual certification ofcompliance pursuant to Title V and the data used to certify compliance. (13) Reporting and notification requirements. The owner or operator shall submit semiannual monitoring reports and prompt deviation reports to the cabinet in accordance with 401 KAR 52:020, 52:030, and 52:040 that meetthe following requirements: (a) Semiannual report. The semiannual report shall be submitted to the cabinet within thirty (30) days ofthe end ofeach reporting period and shall contain: 1. The identification ofowner and operator and the permit number; 2. Total annual emissions, in tpy, based on a twelve (12) month rolling total for each month in the reporting period recorded pursuant to subsection (12)(a) ofthis section; 3. All data used in calculating the monthly and annual PAL pollutant emissions, including any quality assurance or quality control data; 4. A list ofany emissions units modified or added to the majorstationary source during the preceding six (6) month period; 5. The number, duration, and cause of any deviations or monitoring malfunctions, other than the time associated with zero and span calibration checks, and any corrective action following a deviation; 6. A notification ofpermanent ortemporary shutdown ofany monitoring system including:
a. The reason forthe shutdown;



## http://www.lrc.ky.gov 

## !karl 401/051/01 7.htm 4/10/2012

## 401 KAR51 :017. Preventionofsignificantdeteriorationofairquality. Page 16 of16

b. The anticipated date that the monitoring system shall be fully operational orshall be replaced with another monitoring system;
c. Ifapplicable, a statementthat the emissions unit monitored by the monitoring system continued to operate without the monitoring system; and d. The calculation ofthe emissions ofthe pollutant or the number determined according to subsection (11)(g) ofthis section that is included in the permit; and 7. A signed statement by the responsible official, as defined by 401 KAR 51:001, Section 1(210), certifying the truth, accuracy, and completeness of the information provided in the semiannual report. (b) Deviation report. The major stationary source owner or operator shall submit reports of any deviation or exceedance ofthe PAL requirements, including periods monitoring is unavailable. 1. A report submitted pursuantto 40 C.F.R. 70.6(a)(3)(iii)(B) shall satisfy the deviation reporting requirement; 2. The deviation report shall be submitted within the time limits prescribed by 40 C.F.R. 70.6(a)(3)(iii)(B); 3. The deviation report shall contain the following information:
a. The identification ofthe owner, the operator, and the permit number; b. The PAL requirement that experienced the deviation orthatwas exceeded;
c. Emissions resulting from the deviation or the exceedance; and d. A signed statement by the responsible official, as defined by 401 KAR 51:001, Section 1(210), certifying the truth, accuracy, and completeness of the information provided in the report. (c) Revalidation results. The owner or operator shall submit to the cabinet the results ofany revalidation test or method within three (3) months after completion ofthe test or method. (14) Transition requirements. (a) After the U.S. EPA approves the Kentucky SIP revisions for the PAL provisions published in 67 Fed. Reg. 80186, December 31, 2002, the cabinet shall only issue a PAL that complies with the requirements ofthis section. (b) The cabinet may supersede a PAL that was established before August 10, 2006, with a different PAL if the new PAL complies with the requirements ofthis administrative regulation. (8 Ky.R. 1112; Am. 9 Ky.R. 350; eff. 9-22-1982; 12 Ky.R. 869; 1263; eff. 2-4-1986; 13 Ky.R. 924; eff. 12-2- 1986; 14 Ky.R. 883; eff. 12-11-1987; 1601; eff. 4-14-1988; 18 Ky.R. 2605; eff. 6-24-1992; 23 Ky.R. 2203; 3009; eff. 3-12-1997; 30 Ky.R. 2188; 2500; 31 Ky.R. 45; eff. 7-14-2004; 36 Ky.R. 880; 1260; eff. 2-5-2010.)



## .http://www.lrc.ky.gov/kar/401/051/017.htm 4/10/2012

## 401 KAR51:052. Reviewofnew sources inorimpactinguponnonattainmentareas. Page 1of9

401 KAR51:052. Review of newsources in or impacting upon nonattainmentareas. RELATES TO: KRS 224.20-100(5), 224.20-110, 224.20-120, 40 C.F.R. Part 51 Appendix S, Part 51 Subpart I, 51.165, 51.166, 51.300, 51.307, 52.21, 60, 61, 70.6, Part 81 Subpart D, 81.318, 42 U.S.C. 7401-7671q STATUTORYAUTHORITY: KRS 224.10-100(5), 42 U.S.C. 7401-7671q NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100(5) requires the cabinet to promulgate administrative regulations forthe prevention, abatement, and control of air pollution. This administrative regulation establishes requirements for the construction or modification ofstationary sources within, or impacting upon, areas where the national ambient air quality standards have not been attained. The provisions ofthis administrative regulation are not more stringent than the federal regulation, 40 C.F.R. 51.165.
Section 1. Applicability. This administrative regulation shall apply to the construction of a new major stationary source or a project that is a major modification at an existing major stationary source, which commences construction after September 22, 1982, and locates in or impacts upon an area designated nonattainment under42 U.S.C. 7407(d)(1)(A)(i). (1) The provisions of this administrative regulation relating to visibility protection shall also apply to major sources or major modifications in nonattainment areas that potentially have an impact on visibility in a mandatory Class 1federal area. (2) Applicability tests for projects. Except as provided in subsection (3) ofthis section, a project shall be a major modification for a regulated NSR pollutant only ifthe project causes a significant emissions increase and a significant net emissions increase, as provided in paragraphs (a) and (b) ofthis subsection. (a) Prior to beginning actual construction, the owner or operator shall first determine if a significant emissions increase will occur for the applicable type of unit being constructed or modified according to subparagraphs 1to 3 ofthis paragraph. 1. Actual-to-projected actual applicability test for projects that only involve existing emissions units. A significant emissions increase of a regulated NSR pollutant shall be projected to occur ifthe sum ofthe difference between the projected actual emissions and the baseline actual emissions for each existing emissions unit equals orexceeds the significant amount forthat pollutant. 2. Actual-to-potential test for projects that involve only construction of new emissions units. A significant emissions increase of a regulated NSR pollutant shall be projected to occur if the sum of the potential to emit from each new emissions unit following completion of the project equals or exceeds the significant amount forthat pollutant. 3. Hybrid test for projects that involve multiple types of emissions units. A significant emissions increase of a regulated NSR pollutant shall be projected to occur ifthe sum ofthe emissions increases foreach emissions unit, using the methods specified in subparagraphs 1and 2 ofthis paragraph as applicable foreach emissions unit, equals orexceeds the significant amountforthat pollutant. (b) Prior to beginning actual construction and after completing the applicable test in paragraph (a) ofthis subsection, the owner or operator shall determine for each regulated NSR pollutant ifa significant net emissions increase will occur pursuantto 401 KAR 51:001, Section 1(144) and (218). (3) For a plant-wide applicability limit (PAL) for a regulated NSR pollutant at a majorstationary source, the owner or operator ofthe majorstationary source shall comply with the applicable requirements ofSection 11 ofthis administrative regulation.
Section 2. Initial Screening Analyses and Determination ofApplicable Requirements. (1) Review ofall sources for emissions limitation compliance. (a) The cabinet shall examine each proposed major new source and proposed major modification to determine ifthe source or modification will meet all applicable emissions requirements in the Kentucky State Implementation Plan (SIP) and 40 C.F.R. Parts 60 and 61. (b) If the cabinet determines from the application and all other available information that the proposed source or modification will not meet the applicable emissions requirements, the permit to construct shall be denied. (2) Review ofspecified sources ofair quality impact. (a) The cabinet shall determine if a proposed major stationary source or major modification will be constructed in an area designated as nonattainment pursuant to 42 U.S.C. 7407(d)(1)(A)(i) for a pollutant forwhich the stationary source or modification is major. (b) Ifa designated nonattainment area is projected to be an attainment area as part ofan approved control strategy by the new source start-up date, offsets shall not be required ifthe new source will not cause a new violation. (3) Fugitive emissions sources. Sections 4 and 10 of this administrative regulation shall not apply to a source or modification that will be a major stationary source or major modification only if fugitive emissions, to the extent quantifiable, are considered in calculating the potential to emit of the stationary source or modification and the source does not belong to one (1) ofthe following categories: (a) Coal cleaning plants with thermal dryers; (b) Kraft pulp mills; (c) Portland cement plants; (d) Primary zinc smelters; (e) Iron and steel mills; 

### (f) Primary aluminum ore reduction plants; (g) Primary coppersmelters; (h) Municipal incinerators capable ofcharging morethan 250 tons of refuse perday; (i) Hydrofluoric, sulfuric, or nitric acid plants; 

### 0) Petroleum refineries; (k) Lime plants; (I) Phosphate rock processing plants; (m) Coke oven batteries; (n) Sulfur recovery plants; (o) Carbon black plants, furnace process; (p) Primary lead smelters; (q) Fuel conversion plants; (r) Sintering plants; (s) Secondary metal production plants; (t) Chemical process plants, except ethanol production facilities producing ethanol by natural fermentation under the North American Industry Classification System (NAICS) codes 325193 or 312140; (u) Fossil-fuel boilers, or combination offossil-fuel boilers, totaling more than 250 million BTUs per hour heat input; (v) Petroleumstorage and transfer units with atotal storage capacity exceeding 300,000 barrels; (w) Taconite ore processing plants; (x) Glass fiber processing plants; (y) Charcoal production plants; (z) Fossil fuel-fired steam electric plants ofmorethan 250 million BTUs per hour heat input; or (aa) Another stationary source category that, as ofAugust 7, 1980, is being regulated under42 U.S.C. 7411 or 7412.



## http://www.lrc.ky.gov/kar/401/051/052.htm 4/10/2012

## 401 KAR51 :052. Reviewofnew sources inorimpactinguponnonattainmentareas. Page 2 of9

Section 3. Sources Locating in Designated Attainment or Unclassifiable Areas that Will Cause or Contribute to a Violation ofa National Ambient Air Quality Standard. (1) This section shall apply only to new majorstationary sources or new major modifications thatwill locate in designated attainment or unclassifiable areas, pursuant to 42 U.S.C. 7407(d)(1)(A)(ii) or (iii), ifthe source or modification will cause impacts that exceed the significance levels, as li t d . th t bl

. th. b ct' t I 

### l't th t d t 'II t h 

### t' Iambient airquality standards. se In e a e1n 1s su se 1on, a a oca lY a oes no orw1 no meett e na 1ona

Pollutant Annual Averaging Time Average 24-Hour 8-Hour 3-Hour 1-Hour

Sulfur 1.0 Jlg/m3 5 J.!glm3 25 J.!g 1m3 Dioxide 

# -- 

# -- PM1o 1.0 Jlg/m3 5 J.!glm3



# -- -- -- Nitrogen 1.0 Jlg/m3



# -- -- -- -- Dioxide Carbon 0.5 Monoxide 

# -- -- mg/m3 

# -- 2 mg/m3 (2) Sources to which th1s sect1on applies shall meetthe reqUirements 1n Sect1on 4(1), (2) and (4) ofthis administrative regulation and may be exempt from Section 4(3) ofthis administrative regulation. (3) For sources of sulfur dioxide (S02), particulate matter, and carbon monoxide (CO), the determination that a new major source or major modification will cause or contribute to a violation of a national ambient air quality standard shall be made on a case-by-case basis using the source's allowable emissions in an approved atmospheric simulation model listed in 40 C.F.R. Part 51, AppendixW, "Guideline on AirQuality Models". (4) For sources of NOx, the initial determination that a new major source or major modification will cause or contribute to a violation ofthe national ambient air quality standard for nitrogen dioxide (N02) shall be made using an approved atmospheric simulation model assuming all the nitric oxide emitted is oxidized to N02 by the time the plume reaches ground level. The initial concentration estimates may be adjusted if adequate data are available to account forthe expected oxidation rate. (5) For ozone, sources ofVOCs or NOx locating outside a designated ozone nonattainment area shall be presumed to not have a significant impact on the designated nonattainment area. If ambient monitoring indicates that the area of source location is in fact nonattainment, the source shall be permitted pursuant to this administrative regulation and 401 KAR 52:020 until the area is designated nonattainment pursuant to 42 U.S.C. 7407(d)(1)(A) (i). (6) The determination that a new major source or major modification will cause or contribute to a violation ofa national ambient air quality standard shall be made as ofthe start-up date. (7) Applications for major new sources and major modifications locating in attainment or unclassifiable areas, the operation ofwhich will cause a new violation ofa national ambient airquality standard but will not contribute to an existing violation, may be approved only ifthe following conditions are met: (a) The new source shall: 1. Meet an emissions limitation; 2. Meet a design, operational, orequipment standard; or 3. Control existing sources so that the new source will not cause aviolation ofa national ambient air quality standard. (b) The new emissions limitations for the new and existing sources affected shall be state and federally enforceable in accordance with Section 6 of this administrative regulation.
Section 4. Sources Locating in a Designated Nonattainment Area. This section shall apply to a new major stationary source or major modification that will be constructed in an area designated as nonattainment pursuant to 42 U.S.C. 7407(d)(1)(A)(i) for a pollutant for which the stationary source or modification is major. Approval to construct may be granted only ifthe conditions ofthis section are met. (1) The new major source or major modification shall be required to meet an emissions limitation that specifies the lowest achievable emissions rate (LAER) forthe source. (2) The applicant shall demonstrate that all existing major sources owned or operated by the applicant, or an entity controlling, controlled by, or under common control with the applicant, in the Commonwealth of Kentucky are in compliance with all applicable emissions limitations and standards specified in Title 401, Chapters 50 to 65, and 40 C.F.R. Parts 60 and 61 and 42 U.S.C. 7401-7626, or are in compliance with an expeditious state and federally enforceable compliance schedule or a court decree establishing a compliance schedule. (3)(a) Except for VOCs or NOx emissions, emissions from existing sources in the affected area ofthe proposed new major source or modification, whether or not under the same ownership, shall be reduced or offset at a ratio of at least 1:1, so that there will be reasonable further progress toward attainment of the applicable national ambient air quality standard (NAAQS). Only those transactions in which the emissions being offset are from the same criteria pollutant category shall be accepted. (b) The ratio oftotal emissions reductions ofVOCs or NOx to total increased emissions ofthe same air pollutant shall be at least the ratio indicated forthe following ozone nonattainment area classifications: 1. For marginal nonattainment areas, at least 1.1 to 1; 2. For moderate nonattainment areas, at least 1.15to 1; 3. For serious nonattainment areas, at least 1.2 to 1; 4. For severe nonattainment areas, at least 1.3 to 1; and 5. For extreme nonattainment areas, at least 1.5 to 1. (4) The emissions reductions shall provide a positive net airquality benefit in the affected area. (a) Atmospheric simulation modeling shall not be required forVOCs and NOx. (b) Except as provided in Section 3(5) of this administrative regulation, compliance with subsection (3) of this section and Section 5(3)(e) of this administrative regulation shall be adequate to meetthis condition. (5) The proposed majorstationary source or major modification shall include in the application for a construction permit an analysis ofthe alternative sites, sizes, production processes, and environmental control techniques for the proposed source, which demonstrates that benefits of the proposed source significantly outweigh the environmental and social costs imposed as a result of its location, construction, or modification.
Section 5. Determining Credit for Emissions Offsets. (1) The baseline for determining credit for emissions reductions or offsets shall be, considering that baseline actual emissions as defined in 401 KAR 51 :001, Section 1(20), shall not be used for determining the baseline for emissions offsets: (a) The emissions limitations in effectwhen the application to construct or modify a source is filed; or (b) The actual emissions ofthe source from which offset credit is attained if: 1. The demonstration of reasonable further progress and attainment ofambient air quality standards forthe SIP was based on actual emissions; or 2. The SIP does not contain an emissions limitation for that source orsource category.



## http://www.lrc.ky.gov/kar/401/051/052.htm 4/10/2012

## 401 KAR51 :052. Reviewofnewsourcesinorimpactinguponnonattainmentareas. Page 3 of9

(2) Credit for emissions offsets. Credit for emissions offset purposes may be allowed for existing control if the existing control goes beyond the control required under401 KAR Chapters 50 to 65 and applicable federal regulations. (3) General provisions for calculating offset values. (a) Offset calculations shall be made on a pound-per-hour basis if all facilities involved in the emissions offset calculations are operating at their maximum orallowed production rate. (b) Offsets may be calculated on a tons-per-year basis if baseline emissions for existing sources providing the offsets are calculated using the actual annual operating hours forthe previous two (2) year period. (c) If the cabinet requires certain hardware controls instead of an emissions limitation, baseline allowable emissions shall be based on actual operating conditions forthe previous two (2) year period in conjunction with the required hardware controls. (d) Ifthe emissions limitations required by the cabinet allow greater emissions than the uncontrolled emissions rate ofthe source, emissions offset credit shall be allowed only for control below the uncontrolled emissions rate. (e) The owner or operator of a new or modified major stationary source shall comply with any offset requirement in effect under this administrative regulation to increase emissions ofan air pollutant by obtaining emissions reductions ofthe air pollutant from:

· 1. The same source or othersources in the same nonattainment area; or

2. A source in another nonattainment area if: a. The other area has an equal or higher nonattainment classification than the area in which the source is located; and b. Emissions from the other area contribute to a violation ofthe national ambient airquality standard in the nonattainment area in which the source is located. (4) Calculating offsets ifan applicable emissions limitation does not exist. Ifthe Kentucky SIP does not contain an emissions limitation for a source or source category, the emissions offset baseline involving the source shall be actual emissions determined under actual operating conditions for the previous two (2) year period. (5) Calculating offsets for existing fuel combustion sources. (a) The emissions for determining emissions offset credit involving an existing fuel combustion source shall be the allowable emissions under the emissions limitation requirements ofthe cabinet forthe type offuel being burned when the new majorsource<>r major modification application is filed. (b) Ifthe existing source has switched to a differenttype offuel at some earlier date, a resulting emissions reduction, either actual or allowable, shall not be used foremissions offset credit. (c) Ifthe existing source commits to switch to a cleaner fuel at some future date, emissions offset credit based on the allowable emissions for the fuels involved shall not be allowed unless the permit is conditioned to require the use of a specified alternative control measure that will achieve the same degree ofemissions reduction ifthe source switches backto a dirtierfuel at some later date. (6) Calculating offsets for operating hours and source shutdowns. (a) A source may be credited with emissions reductions achieved by shutting down an existing source or permanently curtailing production or operating hours below baseline levels ifthe work force to be affected has been notified in writing ofthe proposed shutdown or curtailment. (b) Emissions reductions achieved by shutting down an existing emissions unit orcurtailing production or operating hours: 1. May be generally credited for offsets pursuant to 40 C.F.R. 51.165(a)(3)(ii)(C)(1) if: a. The reductions are surplus, permanent, quantifiable, and federally enforceable; and b. The shutdown or curtailment occurred afterthe last day ofthe base yearforthe SIP planning process. (i) The cabinet may consider a prior shutdown or curtailment to have occurred afterthe last day ofthe base year ifthe projected emissions inventory used to develop an attainment demonstration explicitly includes the emissions from the previously shutdown or curtailed emission unit, pursuant to 40 C.F.R. 51.165(a)(3)(ii)(C)(1)(ii). (ii) Credit shall not be given for a shutdown that occurred before August 7, 1977; 2. That do not meet the requirements ofsubparagraph 1.b. ofthis paragraph may be generally credited pursuant to 40 C.F.R. 51.165(a)(3)(ii)(C)(2) if: a. The shutdown or curtailment occurred on orafterthe date the construction permit application is filed; or b. The applicant establishes that the proposed new emissions unit is a replacement for the shutdown or curtailed emissions unit and the emissions reductions achieved by the shutdown orcurtailment meetthe requirements ofsubparagraph 1.a. ofthis paragraph. (7) Calculating offsets for hydrocarbon substitution. An emissions offset credit shall not be allowed for replacing one volatile organic compound with another of lesser photochemical reactivity, unless the replacement compound is methane, ethane, 1,1,1-trichloroethane, ortrichlorofluoroethane. (8) Banking ofemissions offset credit. (a) New sources obtaining permits by applying offsets after the effective date of this administrative regulation may bank offsets that exceed the requirements ofSection 5(3) ofthis administrative regulation. (b) An owner or operator ofan existing source that reduces its own emissions may bank a resulting reduction beyond those required by regulation for use underthis administrative regulation, even ifthe offsets are applied immediately to a new source permit. (c) Banked emissions offsets may be used underthe preconstruction review program required in 42 U.S.C. 7401 to 7626, as long as these banked emissions are identified and accounted for in Kentucky's control strategy. (9) Offset credit for meeting NSPS or NESHAPS. (a) Ifa source is subject to an emissions limitation established in a New Source Performance Standard (NSPS) or a National Emissions Standard for Hazardous Air Pollutants (NESHAPS) and a different emissions limitation is required by the cabinet, the more stringent limitation shall be used as the baseline for determining credit for emissions offsets. (b) The difference in emissions between NSPS or NESHAPS and other emissions limitations shall not be used as offset credit.
Section 6. Administrative Procedures for Emissions Offsets. (1) Emission reductions shall be enforceable by the cabinet and the U.S. EPA, and shall be accomplished by the start-up date ofthe new source. (a) Ifemissions reductions are to be obtained in a state that neighbors the Commonwealth for a new source to be located in the Commonwealth, the emissions reductions shall be enforceable by the neighboring state or local agencies and the U.S. EPA. (b) The necessary emissions offsets may be proposed bythe owner ofthe proposed source or by the cabinet. (2) Source initiated emissions offsets. (a) The owner or operator ofa source may propose: 1. Internal emissions offsets, which involve reductions from sources controlled by the owner; or 2. External emissions offsets, which involve reductions from other sources, ifthe emissions offsets meetthe requirements ofthis section and Section 4(3) ofthis administrative regulation. (b) An internal emissions offset shall be included and made enforceable as a condition ofthe source's permit. (c) An external emissions offset shall only be accepted ifthe cabinet requires the affected source to comply with a new emissions limitation to ensure that its emissions shall be reduced by a specified amount in a specified time; and the new emissions limitation shall be enforceable by the cabinet and the U.S. EPA. (3) Cabinet initiated emissions offsets. (a) The cabinet may commit to reducing emissions from mobile sources and other existing sources to provide a net air quality benefit in the impact



## http:/ /www.lrc.ky.gov/kar/401/051/052.htm 4/10/2012

## 401 KAR51:052. Reviewofnewsources inorimpactinguponnonattainmentareas. Page4 of9

area ofa proposed new source to accommodate the proposed new source. (b) This emissions reduction commitment shall be reflected in the emissions limitation requirements for the new and existing sources as required by this section.
Section 7. Source Obligation. (1) An owner or operator of a source or modification subject to this administrative regulation shall construct and operate the source or modification in accordance with the application submitted to the cabinet underthis administrative regulation and 401 KAR 52:020 or underthe terms ofan approval to construct. (2)(a) Approval to construct shall become invalid ifconstruction: 1. Is not commenced within eighteen (18) months after receipt ofthe approval; 2. Is discontinued fora period ofeighteen (18) months or more; or 3. Is not completed within a reasonable time. (b) The cabinet may extend the eighteen (18) month period upon a satisfactory demonstration that an extension isjustified. 1. An extension shall not apply to the time period between construction ofthe approved phases ofa phased construction project; and 2. Each phase shall commence construction within eighteen (18) months ofthe projected and approved commencement date. (3) Approval to construct shall not relieve an owner or operator ofthe responsibility to comply fully with applicable provisions of401 KAR Chapters 50 to 65 and other applicable requirements under local, state, orfederal law. (4) If a particular source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in an enforceable limitation which was established afterAugust 7, 1980, on the capacity ofthe source or modification otherwise to emit a pollutant, the requirements ofthis administrative regulation shall apply to the source or modification as though construction had notyet commenced on the source or modification. (5)(a) The provisions ofthis subsection shall apply to projects atexisting emissions units at a major stationary source otherthan projects at a source with a PAL, if: 1. There is a reasonable possibility that a project that is not part ofa major modification may result in a significant emissions increase; and 2. The owner oroperator uses the method specified in 401 KAR 51:001, Section 1(199)(b) to calculate projected actual emissions. (b) Before beginning actual construction ofa project specified in paragraph (a) ofthis subsection, the owner or operator shall document and maintain a record ofthe following information: 1. A description ofthe project; 2. Identification ofthe emissions units forwhich emissions ofa regulated NSR pollutant may be affected by the project; and 3. A description ofthe applicability test used to determinethat the project is not a major modification for any regulated NSR pollutant, including: a. Baseline actual emissions; b. Projected actual emissions; c. Amount ofemissions excluded in calculating projected actual emissions and an explanation forwhy that amountwas excluded; and d. Any applicable netting calculations. (c) For a project specified in paragraph (a) ofthis subsection, the owner oroperator shall: 1. Monitor the emissions of any regulated NSR pollutant that could increase as a result of the project and that are emitted by an emissions unit identified in paragraph (a)2 ofthis subsection; and 2. Calculate and maintain a record ofthe annual emissions, in tons peryear on a calendaryear basis, for: a. Five (5) years following resumption of regular operations afterthe change; or b. Ten (10) years ifthe project increases the design capacity ofor potential to emit forthat regulated NSR pollutant at the emissions unit. (d) Ifthe unit is an existing EUSGU, before beginning actual construction, the owneror operator: 1. Shall provide a copy ofthe information in paragraph (b) ofthis subsection to the cabinet; and 2. Shall not be required to obtain a determination from the cabinet before beginning actual construction; and 3. Shall submit a report to the cabinet within sixty (60) days after the end of each year during which records are required to be generated under paragraph (b) ofthis subsection that contains the unit's annual emissions during the calendaryear preceding report submittal. (e)1. Foran existing unit otherthan an EUSGU, the owner oroperator shall submit a report to the cabinet if: a. The annual emissions, in tons per year, from a project identified in paragraph (a) of this subsection exceed the baseline actual emissions, as documented and maintained pursuant to paragraph (b)3 ofthis subsection, by a significant amount forthat regulated NSR pollutant; and b. The emissions differfrom the preconstruction projection as documented and maintained pursuant to paragraph (b)3 ofthis subsection. 2. The report shall be submitted to the cabinet within sixty (60) days after the end of the year during which records are required to be generated under paragraph (b) ofthis subsection and shall contain the following: a. The name, address, and telephone numberofthe major stationary source; b. The annual emissions as calculated pursuant to paragraph (c) ofthis subsection; and c. Any other information that the owner oroperatorwishes to include in the report. 

### (f) The owner or operator ofthe source shall make the information required to be documented and maintained under this subsection available for review upon request for inspection by the cabinet orthe general public pursuant to 401 KAR 52:100.
Section 8. Permit Condition Rescission. (1) An owner oroperator holding a permit for a stationary source or modification that was issued pursuantto 401 KAR 51 :050 or51:051 E may request that the cabinet rescind the applicable conditions. (2) The cabinet shall rescind a permit condition ifthe owner or operator: (a) Requests and demonstrates to the satisfaction ofthe cabinet that this administrative regulation does not apply to the source or modification orto a portion ofthe source or modification ifconstruction will have commenced afterSeptember22, 1982; and (b) Demonstrates that the rescission will not violate the requirements ofSections 4(3) and 7 ofthis administrative regulation.
Section 9. Class IAreas. (1) The following areas, which were in existence on August 7, 1977, shall be Class I areas and shall not be redesignated: (a) International parks; (b) National wilderness areas and national memorial parks which exceed 5,000 acres in size; and (c) National parks that exceed 6,000 acres in size. (2) Any other area, unless otherwise specified in the legislation creating the area, is designated Class II but may be redesignated as provided in 40 C.F.R. 51.166(g). (3) The visibility protection requirements ofthis administrative regulation shall apply only to sources that may impact a mandatory Class I federal area. (4) The following areas may be redesignated only as Class I or II: (a) An area which as ofAugust 7, 1977, exceeded 10,000 acres in size and was a national monument, a national primitive area, a national preserve, a national recreational area, a national wild and scenic river, a national wildlife refuge, a national lakeshore orseashore; and (b) A national park or national wilderness area established afterAugust 7, 1977, which exceeds 10,000 acres in size.
Section 10. Protection ofVisibility. (1) New source review; applicability and exemptions.



## http:/ /www.lrc.ky.gov/kar/401 /051/052.htm 4/10/2012

## 401 KAR51:052. Reviewofnewsources inorimpactinguponnonattainmentareas. Page 5 of9

(a) A stationary source or modification to which this section applies shall not begin actual construction without a permit that states the stationary source or modification shall meetthe requirements ofthis section. (b) This section shall apply to construction of a new major stationary source or major modification that will be constructed in an area designated as nonattainment under42 U.S.C. 7407(d)(1)(A)(i) and potentially have an impact on visibility in a Class I area. (c) This section shall apply to a major stationary source or major modification for each pollutant subject to regulation under 42 U.S.C. 7401 to 7626 that it will emit, except as provided in paragraphs (d) and (e) ofthis subsection. (d) This section shall not apply to a particular majorstationary source or major modification if: 1. The source or modification is a nonprofit health or nonprofit educational institution or a major modification will occur at the institution, and the Governor ofthe Commonwealth requests that it be exempt from the requirements ofthis section; and 2. The source is a portable stationary source that has previously received a permit underthis section and will be temporarily relocated; and (a) The emissions from the source will not exceed the allowable emissions; b. The emissions from the source will not impact a Class 1area or an area where an applicable increment is known to be violated; and c. Reasonable notice is given to the cabinet prior to the relocation, identifying the proposed new location and the probable duration of operation at the new location. The notice shall be given to the cabinet not less than ten (10) days in advance of the proposed relocation unless a different time duration is previously approved by the cabinet pursuant to this section. (e) This section shall not apply to a major stationary source or major modification with respect to a particular pollutant, ifthe allowable emissions of that pollutant from the source, orthe net emissions increase ofthat pollutant from the modification: 1. Will not impact a Class I area; 2. Will not impact an area where an applicable increment is known to be violated; and 3. Will be temporary. (2) Visibility impact analyses. The owner or operator of a source shall provide an analysis ofthe impairment to visibility that will occur in a Class I area as a result of the source or modification and general commercial, residential, industrial, and other growth associated with the source or modification. (3) Federal land manager notification. (a) The federal land manager and the federal official charged with direct responsibility for management of Class I areas shall have an affirmative responsibility to protect the visibility and other air quality related values of the Class I lands and to consider, in consultation with the cabinet, if a proposed source or modification will have an adverse impact on these values. (b) The cabinet shall provide written notification to all affected federal land managers and to the federal official charged with direct responsibility for management of lands within the Class I area of a permit application or an advanced notice of a permit application for a proposed new major stationary source or major modification that may affectvisibility in a Class I area. The notification shall: 1. Include a copy ofall information relevant to the permit application; 2. Be submitted pursuant to this paragraph within thirty (30) days of receipt ofthe permit application or advanced notice ofpermit application and at least sixty (60) days prior to a public hearing on the application for a permit to construct; and 3. Include an analysis ofthe proposed source's anticipated impacts on visibility in a Class I area. (c)1. The cabinet shall consider an analysis by the federal land manager, provided within thirty (30) days ofthe notification and analysis required by paragraph (b) of this subsection, that the proposed new major stationary source or major modification may have an adverse impact on visibility in a Class I area. 2. If the cabinet finds that the analysis does not demonstrate, to the satisfaction ofthe cabinet, that an adverse impact on visibility will result in the Class I area, the cabinet shall, in the public hearing notice required in 401 KAR 52:100, either explain that decision or give notice as to where the explanation may be obtained. (d) Adverse impact on visibility as it applies to paragraph (c) ofthis subsection shall be determined on a case-by-case basis, taking into account the geographic extent, intensity, duration, frequency, and time ofvisibility impairments, and how these factors correlate with the times ofvisitor use ofthe Class I area, and the frequency and time of natural conditions that reduce visibility. (4) Public participation. The cabinet shall follow the applicable procedures of401 KAR 52:100 in processing applications underthis section and shall follow the procedures at 40 C.F.R. 52.21(r), effective July 1, 2009, to the extentthat the procedures of401 KAR 52:100 do not apply. (5) National visibility goal. (a) The cabinet shall only issue permits to those sources forwhich emissions will be consistent with making reasonable progress toward the national goal ofpreventing future, and remedying existing, impairment ofvisibility in Class 1areas which impairment results from manmade air pollution. (b) In making the decision to issue a permit, the cabinet shall consider: 1. The costs ofcompliance; 2. Thetime necessary for compliance; 3. The energy and non-air quality environmental impacts ofcompliance; and 4. The useful life ofthe source. (6) Monitoring. (a) The cabinet may require monitoring ofvisibility in a Class I area near the proposed new stationary source or major modification using human observations, teleradiometers, photographic cameras, nephelometers, fine particulate monitors, or other appropriate methods as specified by the U.S. EPA. (b) The monitoring method selected shall be determined on a case-by-case basis by the cabinet. (c) The cabinet shall not undertakevisibility monitoring in a Class I area without the approval ofthe federal land manager. (d) Data obtained from visibility monitoring shall be made available to the cabinet, the federal land manager, and the U.S. EPA, upon request. Section 11. Plant-wide Applicability Limit Provisions. The cabinet may approve the use of an actuals PAL (PAL) for an existing major stationary source ifthe PAL meets the requirements ofthis section. (1) General provisions. (a) An owner or operator may execute a project without triggering major NSR, ifthe source maintains its total source-wide emissions belowthe PAL level, meets the requirements in this section, and complies with the PAL permit. Ifthese conditions are met, a project: 1. Shall not be considered a major modification forthe PAL pollutant; 2. Shall not have to be approved through Kentucky's major NSR program; and 3. Shall not be subject to the provisions of Section 7(4) of this administrative regulation concerning restrictions on relaxing enforceable emissions limitations that the major stationary source used to avoid applicability ofthe major NSR program. (b) Except as provided under subparagraph (1)(a)3 ofthis section, the majorstationary source shall continue to comply with all applicable federal or state requirements, emissions limitations, and work practice requirements thatwere established priorto the effective date ofthe PAL. (c) The cabinet shall not allow a PAL for VOC or NOxfor any majorstationary source located in an extreme ozone nonattainment area. (2) Permit application requirements. The owner or operator of a major stationary source shall submit the following information to the cabinet for approval as part ofan application for a permit orpermit revision requesting a PAL: (a) A list ofall emissions units at the source designated as small, significant or major, based on their potential to emit;



## http://www.lrc.ky.gov/kar/401/051/052.htm 4/10/2012

## 401 KAR51 :052. Reviewofnew sources inorimpactinguponnonattainmentareas. Page 6 of9

(b) Identification ofthe federal and state applicable requirements, emissions limitations, and work practice requirements that apply to each emissions unit; (c) Calculations ofthe baseline actual emissions forthe emissions units with supporting documentation; and (d) The calculation procedures the owner or operator proposes to use to convert the monitoring system data to monthly emissions and annual emissions based on a twelve (12) month rolling total foreach month as required by subsection (12)(a) ofthis section. (3) Establishing a PAL. The cabinet shall establish a PAL at a majorstationary source in a federally enforceable permit pursuant to the requirements ofthis section. (a) The PAL shall impose an annual emissions limitation in tons per year that is enforceable as a practical matter for the entire major stationary source, in which: 1. For each month during the PAL effective period after the first twelve (12) months ofestablishing a PAL, the owner or operator shall demonstrate that the sum ofthe monthly emissions from each emissions unit underthe PAL for the previous twelve (12) consecutive months is less than the PAL as atwelve (12) month average, rolled monthly; and 2. For each month during the first eleven (11) months from the PAL effective date, the owner or operator shall demonstrate that the sum ofthe preceding monthly emissions from the PAL effective date for each emissions unit underthe PAL is less than the PAL; (b) The PAL shall be established in a PAL permit that: 1. Meets the public participation requirements in subsection (4) ofthis section; and 2. Contains all the requirements ofsubsection (6) ofthis section; (c) A PAL shall include fugitive emissions, to the extent quantifiable, from all emissions units that emit or have the potential to emitthe PAL pollutant atthe major stationary source; (d) Each PAL shall regulate emissions ofonly one (1) pollutant; (e) Each PAL shall have a PAL effective period often (10) years; 

### (f) The owner or operator of a major stationary source with a PAL shall comply with the monitoring, recordkeeping, and reporting requirements of subsections (11) to (13) ofthis section for each emissions unit underthe PAL through the PAL effective period; and (g) Emissions reductions of a PAL pollutant that occur during the PAL effective period shall not be creditable as decreases for offsets under 40 C.F.R. 51.165(a)(3)(ii), unless: 1. The level ofthe PAL is reduced by the amount ofthe emissions reductions; and 2. The reductions would be creditable in the absence ofthe PAL. (4) Public participation requirements. PALs for existing major stationary sources shall be established, renewed, or increased pursuant to this subsection and the applicable procedures of401 KAR 52:100 for issuing permits or permit revisions. The cabinet shall: (a) Provide the publicwith notice ofthe proposed approval ofa PAL permitwith at least a thirty (30) day period for submittal ofpublic comment; and (b) Address all material comments before taking final action on a PAL permit or permit revision. (5) Setting the ten (10) year PAL level. (a) The PAL level for a major stationary source shall be the sum ofthe baseline actual emissions ofthe PAL pollutant for each emissions unit at the source during the chosen twenty-four (24) month period plus the applicable significant level for the PAL pollutant under the definition for "significant" in 401 KAR 51:001, Section 1 or under42 U.S.C. 7401-7671q, whichever is lower. (b) In establishing a PAL level for a PAL pollutant, only one (1) consecutive twenty-four (24) month period shall be used to determine the baseline actual emissions for all existing emissions units. · (c) A different consecutive twenty-four (24) month period may be used for each different PAL pollutant. (d) Emissions associated with units that were permanently shut down after the chosen twenty-four (24) month period shall be subtracted from the PAL level. (e) Emissions from units for which actual construction began after the twenty-four (24) month period shall be added to the PAL level in an amount equal to the potential to emit ofthe units. 

### (f) The cabinet shall specify a reduced PAL level in the PAL permit to become effective on the future compliance date of any applicable federal or state regulatory requirement that the cabinet is aware ofpriorto issuance ofthe PAL permit. (6) Contents ofthe PAL permit. The PAL permit shall contain the following information: (a) The PAL pollutant and the applicable source-wide emissions limitation in tons peryear; (b) The PAL permit effective date and the expiration date ofthe PAL or PAL effective period; (c) Specification in the PAL permit that if a major stationary source owner or operator applies to renew a PAL under subsection (9) ofthis section before the end ofthe PAL effective period, the PAL shall remain in effect until a revised PAL permit is issued by the cabinet; (d) A requirement that emissions calculations for compliance purposes include emissions from startups, shutdowns, and malfunctions; (e) A requirement that, once the PAL expires, the major stationary source shall be subjectto the requirements ofsubsection (8) .ofthis section; 

### (f) The calculation procedures that the major stationary source owner or·operator shall use to convert the monitoring system data to monthly emissions and annual emissions based on a twelve (12) month rolling total for each month as required by subsection (12)(a) ofthis section; (g) A requirement that the major stationary source owner or operator shall monitor all emissions units in accordance with the provisions in subsection (12) ofthis section; (h) A requirement that the owner or operator shall retain the records required undersubsection (12) ofthis section on site. Records may be retained in an electronicformat; (i) A requirement forthe owner oroperatorto submit, by the reports required undersubsection (13) ofthis section by the required deadlines; and 

### G) Any requirements necessaryto implement and enforce the PAL. (7) PAL effective period and reopening ofa PAL permit. (a) A PAL effective period shall be ten (10) years. (b) The cabinet shall reopen a PAL permitto: 1. Correcttypographical or calculation errors made in setting the PAL; 2. Reflect a more accurate determination ofemissions used to establish the PAL; 3. Reduce the PAL ifthe owner oroperator ofthe majorstationary source creates creditable emissions reductions for use as offsets under40 C.F.R. 51.165(a)(3)(ii); or 4. Revise the PAL to reflect an increase in the PAL according to subsection (10) ofthis section. (c) The cabinet may reopen the PAL permit, during the PAL effective period, to: 1. Reduce the PAL to reflect newly applicable federal requirements with compliance dates afterthe PAL effective date; 2. Reduce the PAL consistentwith any other requirement: a. That is enforceable as a practical matter; and b. That may be imposed on the majorstationary source underthe SIP; and 3. Reduce the PAL ifthe cabinet determines that a reduction is necessary to avoid causing or contributing to: a. A National AmbientAir Quality Standard (NAAQS) or PSD incrementviolation; or b. An adverse impact on visibility or another air quality related value that has been identified for a federal Class I area by a federal land manager and forwhich information is available to the general public.



## http://www.lrc.ky.gov/kar/401/051/052.htm 4/10/2012

## 401 KAR51:052. Reviewofnewsources inorimpactinguponnonattainmentareas. Page 7 of9

(d) All permit reopenings shall be carried out underthe public participation requirements ofsubsection (4) ofthis section except for permit reopenings to correct typographical or calculation oferrors that do not increase the PAL level. (8) Expiration ofa PAL. A PAL that is not renewed shall expire at the end ofthe PAL effective period and the requirements ofthis subsection shall then apply. (a) Each emissions unit, or each group of emissions units, that existed under the PAL shall comply with an allowable emissions limitation under a revised permit established as follows: 1. An owner or operator ofa majorstationary source using a PAL shall submit a proposed allowable emissions limitation for each emissions unit, or each group of emissions units, by distributing the PAL allowable emissions for the major stationary source among each of the emissions units that existed underthe PAL. a. This proposal shall be submitted to the cabinet at least six (6) months before the expiration ofthe PAL permit but not sooner than eighteen (18) months before permit expiration. b. If the PAL has not yet been adjusted for an applicable requirement that became effective during the PAL effective period, as required under subsection (9)(e) ofthis section, distribution ofallowable emissions shall be made as ifthe PAL has been adjusted. 2. The cabinet shall provide the date and procedure the owner or operatorshall use to distributethe PAL allowable emissions. 3. The cabinet shall issue a revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as the cabinet determines is appropriate. (b) Each emissions unit shall comply with the allowable emissions limitation on a twelve (12) month rolling basis. The cabinet may approve the use of monitoring systems other than CEMS, CERMS, PEMS, or CPMS if the alternate monitoring system demonstrates compliance with the allowable emissions limitation. (c) The source shall continue to comply with a source-wide, multiunit emissions cap equivalent to the level ofthe PAL emissions limitation until the cabinet issues the revised permit incorporating allowable limits for each emissions unit or each group ofemissions units. (d) A major modification at the majorstationary source shall be subjectto major NSR requirements. (e) The major stationary source owner or operator shall continue to comply with any state orfederal applicable requirements eliminated by the PAL that applied during or before the PAL effective period, except for those emissions limitations established pursuant to Section 7(4) ofthis administrative regulation. (9) Renewal ofa PAL. (a) Public participation requirements. 1. The cabinet shall follow the public participation procedures specified in subsection (4) ofthis section in approving a request to renew a PAL for a major stationary source. 2. The cabinet shall provide a written rationale forthe proposed PAL level for public review and comment. 3. Any person may propose a PAL level forthe source forconsideration by the cabinet duringthe public review period. (b) Application deadline. · 1. A major stationary source owner or operator shall submit an application for renewal of a PAL at least six (6) months before the date of permit expiration but not earlierthan eighteen (18) months before permit expiration. 2. The deadline for application submittal shall ensurethat the permit shall not expire before the permit is renewed. 3. Ifa complete application for renewal is submitted within the timeframe specified in subparagraph 1 ofthis paragraph, the PAL shall continue to be effective until the revised permitwith the renewed PAL is issued. (c) Application requirements. The application to renew a PAL permit shall contain: 1. The information required in subsection (2) ofthis section; 2. A proposed PAL level; 3. The sum ofthe potential to emit ofall emissions units underthe PAL with supporting documentation; and 4. Any other information the owner or operatorwishes the cabinet to consider in determining the appropriate level to renew the PAL. (d) PAL adjustment. 1. A PAL shall not exceed the source's potential to emit. The cabinet shall adjustthe PAL downward to a level not greaterthan the potential to emit if a source's potential to emit has declined below the PAL level. 2. The cabinet may renew the PAL at the same level as the current PAL without considering the factors specified in subparagraph 3 ofthis section, if the emissions level calculated according to subsection (5) ofthis section is equal to or greaterthan eighty (80) percent ofthe PAL level; or 3. The cabinet may setthe PAL at a level that is determined to be: a. More representative ofthe source's baseline actual emissions; or b. Appropriate considering the following factors: (i) Airquality needs; (ii) Advances in control technology; (iii) Anticipated economic growth in the area ofthe source; (iv) The cabinet's goal ofpromoting voluntary emissions reductions; or (v) Otherfactors as specifically identified by the cabinet in its written rationale for setting the PAL level. 4. The cabinet shall not approve a renewed PAL level higher than the current PAL, unless the major stationary source has complied with the provisions ofsubsection (10) ofthis section. (e) The PAL shall be adjusted in conjunction with the PAL permit renewal orTitle V permit renewal, whichever comes first, if: 1. The compliance date fora state orfederal applicable requirement that applies to the PAL source occurs during the PAL effective period; and 2. The cabinet has not already adjusted forthe requirement. (10) Increasing a PAL during the PAL effective period. The cabinet may increase a PAL emissions limitation during the PAL effective period ifthe majorstationary source complies with the provisions ofthis subsection. (a) Application procedures. To request an increase in the PAL limit for a PAL major modification, the owner or operator ofthe major stationary source shall submit a complete application, which shall include: 1. Identification ofthe emissions units contributing to the increase in emissions forthe PAL major modification; 2. Demonstration that increased PAL, as calculated in paragraph (c) ofthis subsection exceedsthe PAL, and: a. The level of control that results from BACT equivalent controls on each significant or major emissions unit shall be determined by conducting a new BACT analysis when the application is submitted, unless the emissions unit is currently required to comply with a BACT or LAER requirement that was established within the preceding ten (10) years. b. If an emissions unit currently complies with BACT or LAER, the assumed control level for that emissions unit shall be equal to the current level of BACT or LAER forthat emissions unit; and 3. A statement that the increased PAL level shall be effective on the day any emissions unit that is part of the PAL major modification becomes operational and begins to emitthe PAL pollutant. (b) NSR permit and compliance requirement. The owner or operator shall obtain a major NSR permit for all emissions units contributing to the increase in emissions forthe PAL major modification. 1. A significant level shall not apply in deciding forwhich emissions units a major NSR permit shall be obtained; and



## http://www.lrc.ky.gov/kar/401/051/052.htm 4/10/2012

## 401 KAR51 :052. Reviewofnew sources inorimpactinguponnonattainmentareas. Page 8of9

2. Emissions units that obtain a major NSR permit shall comply with any emissions requirements resulting from the major NSR process, even though the units shall also become subject to the PAL or shall continue to be subjectto the PAL. (c) Calculation of increased PAL. The cabinet shall calculate the new PAL as the sum ofthe allowable emissions for each modified or new emissions unit, plus the sum ofthe baseline actual emissions ofthe significant and major emissions units assuming application of BACT equivalent controls, plus the sum ofthe baseline actual emissions ofthe small emissions units. (d) Public notice requirement. The public notice requirements of subsection (4) ofthis section shall be followed during PAL permit revision for an increased PAL level. (11) Monitoring requirements for PALs. (a) General requirements. 1. Each PAL permit shall contain enforceable requirements forthe chosen monitoring system that accurately determines plant-wide emissions ofthe PAL pollutant in terms of mass per unit oftime; 2. A monitoring system authorized for use in the PAL permit shall be: a. Approved by the cabinet pursuant to this subsection; and b. Based on sound science and meet generally-acceptable scientific procedures for data quality and manipulation; 3. The data generated by a monitoring system shall meet minimum legal requirements for admissibility in ajudicial proceeding to enforce the PAL permit; 4. The PAL monitoring system shall employ one (1) or more ofthe four (4) general monitoring approaches meeting the minimum requirements set forth in paragraph (b) ofthis subsection; 5. The cabinet may approve an alternative monitoring approach that meets the requirements ofsubparagraphs 1to 3 ofthis paragraph; and 6. Failure to use a monitoring system that meets the requirements ofthis section shall renderthe PAL invalid. (b) Minimum performance requirements for approved monitoring approaches. If conducted in accordance with the minimum requirements in paragraphs (c) to (i) ofthis subsection, the following shall be acceptable monitoring approaches: 1. Mass balance calculations for activities using coatings orsolvents; 2. CEMS; 3. CPMS or PEMS; and 4. Emissions factors. (c) Mass balance calculations. An owner or operator using mass balance calculations to monitor PAL pollutant emissions from activities using coatings or solvents shall: 1. Provide a demonstrated means ofvalidating the published content ofthe PAL pollutant contained in or created by all materials used in or at the emissions unit; 2. If it cannot be accounted for in the process, assume that the emissions unit emits all ofthe PAL pollutant contained in or created by any raw material orfuel used in or at the emissions unit; and 3. Ifthe vendor ofthe material or fuel from which the pollutant originates publishes a range, use the highest value ofthe published range ofpollutant content to calculate the PAL pollutant emissions, unless the cabinet determines there is site-specific data or a site-specific monitoring program to support another pollutant contentwithin the range. (d) CEMS. An owner or operator using CEMS to monitor PAL pollutant emissions shall meetthe following requirements: 1. CEMS shall comply with applicable Performance Specifications found in 40 C.F.R. Part 60, Appendix A; and 2. CEMS shall sample, analyze, and record data at least every fifteen (15) minutes while the emissions unit is operating. (e) CPMS or PEMS. An owner or operator using CPMS or PEMS to monitor PAL pollutant emissions shall meet the following requirements: 1. The CPMS or the PEMS shall be based on current site-specific data demonstrating a correlation between the monitored parameter and the PAL pollutant emissions across the range ofoperation ofthe emissions unit; and 2. While the unit is operating, each CPMS or PEMS shall sample, analyze, and record data at least every fifteen (15) minutes, or at another less frequent interval approved by the cabinet. 

### (f) Emissions factors. An owner or operator using emissions factors to monitor PAL pollutant emissions shall meetthe following requirements: 1. All emissions factors shall be adjusted, ifappropriate, to account forthe degree of uncertainty or limitations in the factors' development; 2. The emissions unit shall operate within the designated range of use forthe emissions factor, ifapplicable; and 3. The owner or operator of a significant emissions unit that relies on an emissions factor to calculate PAL pollutant emissions shall conduct validation testing to determine a site-specific emissions factor within six (6) months of PAL permit issuance if the cabinet determines that the testing is required and technically practicable. (g) A source owner or operator shall record and report maximum potential emissions without considering enforceable emissions limitations or operational restrictions for an emissions unit during any period oftime there is no monitoring data, unless another method for determining emissions during the periods is specified in the PAL permit. (h) If an owner or operator of an emissions unit cannot demonstrate a correlation between the monitored parameters and the PAL pollutant emissions rate at all operating points of the emissions unit, as an alternative to the requirements in paragraphs (c) to (g) of this subsection, in conjunction with permit issuancethe cabinet shall: 1. Establish default values for determining compliance with the PAL based on the highest potential emissions reasonably estimated at operating points ifa correlation cannot be demonstrated; or 2. Ifthere is not a correlation between monitored parameters and the PAL pollutant emissions, determine that operation ofthe emissions unit during operating conditions is a violation ofthe PAL. (i) Revalidation. All data used to establish the PAL pollutant shall be revalidated through performance testing or other scientifically valid means approved by the cabinet. Validation testing shall occur at least once every five (5) years after issuance ofthe PAL. (12) Recordkeeping requirements. (a) The PAL permit shall require an owner or operator to retain a copy ofall records necessary to determine compliance with any requirement ofthis section and ofthe PAL, including a determination ofeach emissions unit's twelve (12) month rolling total emissions for five (5) years from the date ofthe determination. (b) The PAL permit shall require an owner or operator to retain a copy ofthe following records for the duration ofthe PAL effective period plus five (5) years: 1. A copy ofthe PAL permit application and any applications for revisions to the PAL; and 2. Each annual certification ofcompliance pursuant to Title V and the data used to certify the compliance. (13) Reporting and notification requirements. The owner oroperator shall submit semi-annual monitoring reports and prompt deviation reports to the cabinet in accordance with 401 KAR Chapter52 that meet the following requirements: (a) Semiannual report. The semiannual report shall be submitted to the cabinet within thirty (30) days ofthe end ofeach reporting period and shall contain: 1. The identification ofowner and operator and the permit number; 2. Total annual emissions, in tpy, based on a twelve (12) month rolling total for each month in the reporting period recorded pursuant to subsection (12)(a) ofthis section;



## http://www.lrc.ky.gov/kar/401/051/052.htm 4/10/2012

## 401 KAR51:052. Reviewofnewsources inorimpactinguponnonattainmentareas. Page 9 of9

3. All data used in calculating the monthly and annual PAL pollutant emissions, including any quality assurance orquality control data; 4. A list ofany emissions units modified or added to the majorstationary source during the preceding six (6) month period; 5. The number, duration, and cause of any deviations or monitoring malfunctions, other than the time associated with zero and span calibration checks, and any corrective action following a deviation; 6. A notification ofpermanent ortemporary shutdown ofany monitoring system including: a. The reason forthe shutdown; b. The anticipated datethatthe monitoring system shall be fully operational or shall be replaced with another monitoring system; c. Ifapplicable, a statementthat the emissions unit monitored by the monitoring system continued to operate without the monitoring system; and d. The calculation ofthe emissions ofthe pollutant or the number determined according to subsection (11)(g) ofthis section that is included in the permit; and 7. A signed statement by the responsible official, as defined by 401 KAR 51:001, Section 1(210), certifying the truth, accuracy, and completeness of the information provided in the semiannual report. (b) Deviation report. The major stationary source owner or operator shall submit reports of any deviation or exceedance ofthe PAL requirements, including periods monitoring is unavailable. 1. A report submitted pursuant to 40 C.F.R. 70.6(a)(3)(iii)(B) shall satisfy this deviation reporting requirement; 2. The deviation report shall be submitted within the time limits prescribed by the applicable program implementing 40 C.F.R. 70.6(a)(3)(iii)(B); 3. The deviation report shall contain the following information: a. The identification ofthe owner, the operator, and the permit number; b. The PAL requirement that experienced the deviation orthat was exceeded; c. Emissions resulting from the deviation orthe exceedance; and d. A signed statement by the responsible official, as defined by 401 KAR 51:001, Section 1(21 0), certifying the truth, accuracy, and completeness of the information provided in the report. (c) Revalidation results. The owner or operator shall submit to the cabinet the results ofany revalidation test or method within three (3) months after completion ofthe test or method. (14) Transition requirements. (a) After the U.S. EPA approves the Kentucky SIP revisions for the PAL provisions published at 67 Fed. Reg. 80186, December 31, 2002, the cabinet shall only issue a PAL that complies with the requirements ofthis section. (b) The cabinet may supersede a PAL that was established before August 10, 2006, with a PAL that complies with the requirements of this administrative regulation. (8 Ky.R. 1120; Am. 9 Ky.R. 358; eff. 9-22-1982; 12 Ky.R. 879; 1273; eff. 2-4-1986; 14 Ky.R. 892; eff. 12-11-1987; 1612; 1909; eff. 4-14-1988; 19 Ky.R. 1105; 1585; eff. 2-8-1993; 30 Ky.R. 2209; 2520; eff. 7-14-2004; 36 Ky.R. 895; 1275; 1474; eff. 2-5-2010; 37 Ky.R. 2470; 38 Ky.R. 28; eff. 8-4-2011.)



## http://www.lrc.ky.gov/kar/401/051/052.htm 4/10/2012

## 401 KAR52:001. Definitionsfor 401 KARChapter52. Page 1

## of6

401 KAR52:001. Definitions for401 KAR Chapter52.

RELATES TO: KRS 224.01-010,224.10-100,224.20-100,224.20-110,224.20-120,40 C.F.R. Parts 50-53,60-63,70-78,42 U.S.C. 7401-7671q STATUTORYAUTHORITY: KRS 224.10-100(5) NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100(5) requires the cabinet to promulgate administrative regulations for the prevention, abatement, and control of air pollution. This administrative regulation defines the terms used in 401 KAR Chapter 52. The definitions contained in this administrative regulation are neither more stringent nor otherwise differentthan the corresponding federal definitions.

Section 1. Definitions. The definitions with citations to the Code of Federal Regulations shall be governed by 40 C.F.R. Parts 50 through 96, effective July 1, 2010. (1) "Acid Rain Program" means the national program for reducing 

## so2 and NOx emissions established under 42 U.S.C. 7651 to 7651o (Title IV of the Act) and codified at 40 C.F.R. Parts 72 to 78. (2) "Act" means the Clean AirAct established under 42 U.S.C. 7401 to 7671q. (3) "Actual emissions" meansthe quantity ofan air pollutant that is physically emitted into the ambient air during a specified time period. (4) "Affected facility" means an apparatus, building, operation, road, or other entity or series ofentities that emits or may emit an air contaminant into the outdoor atmosphere. (5) "Affected source" means a source that includes one (1) or more affected units. (6) "Affected state" means a state that: (a) Borders Kentucky and whose airquality may be affected by the proposed permit, permit revision, or permit renewal; or (b) Is situated within fifty (50) miles ofthe source requesting the proposed permit action. (7) "Affected unit" means a unit subject to the Acid Rain Program. (8) "Air contaminant" is defined by KRS 224.01-010(1). (9) "Air pollutant" means air contaminant. (10) "Air pollution" is defined by KRS 224.01-010(3). (11) "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 regulations, vital to production ofthe normal product ofthe source orto its normal operation. (12) "Alternative method" is defined by 40 C.F.R. 60.2. For purposes ofthis definition, "administrator" means both the U.S. EPA and the cabinet. (13) "Ambient air" means that portion ofthe atmosphere, external to buildings, towhich the general public has access. (14) "Ambient air quality standard" means a numerical expression of a specified concentration level for a particular air contaminant and the time averaging interval over which that concentration level is measured and is a goal to be achieved in a stated time through the application ofappropriate preventive or control measures. (15) "Applicable requirement" means a state-origin orfederally enforceable requirement or standard that applies to a source. (16) "Batch mix plant" means a source or affected facility that produces hot mix asphalt by heating and drying the aggregate in a dryer before separating and mixing it with asphalt cement in separate batches. (17) "Cabinet" is defined by KRS 224.01-010(9). (18) "Capital expenditure" is defined by 40 C.F.R. 60.2. (19) "Commence" means that an owner or operator has undertaken a continuous program of construction, modification, or reconstruction of an affected facility, orthat an owner or operator has entered into a contractual obligation to undertake and complete, within a reasonable time, a continuous program ofconstruction, modification, or reconstruction ofan affected facility. (20) "Construction" means fabrication, erection, installation, or modification ofan air contaminant source. (21) "Continuous monitoring system" means the total equipment, required underthe applicable administrative regulations in 401 KAR Chapters 50 to 65, used to sample, to condition (ifapplicable), to analyze, and to provide a permanent record ofemissions or process parameters. (22) "Control device" means equipment such as an incinerator or carbon adsorber used to reduce, by destruction or removal, the amount of air pollutants in an airstream priorto discharge to the ambient air. (23) "Control system" means a combination of one (1) or more capture systems and control devices working in concert to reduce discharges of pollutants to the ambient air. (24) "Designated representative" means a person authorized by the owner or operator of an affected source and ofall affected units at the source,
as evidenced by a certificate of representation submitted to the U.S. EPA in accordance with 40 C.F.R. 72.20(b), to represent and legally bind each
owner and operator, as a matter offederal law, in all matters pertaining to the Acid Rain Program. In matters relating to the acid rain portion ofa Title V permit, the term "responsible official", as defined in this section, means the designated representative.



## http://www.lrc.ky.gov/kar/401/052/001.htm 4/10/2012

## 401 KAR52:001. Definitionsfor 401 KARChapter52. Page 2 of6

(25) "Draft permit" means the version of a federally enforceable permit, which the cabinet offers for public review and any applicable affected state review. (26) "Drum mix plant" means a source or affected facility that produces hot mix asphalt by heating, drying, and mixing the aggregate with asphalt cement in one (1) operation. (27) "Emergency" means a situation arising from a sudden and reasonably unforeseeable event beyond the control ofthe source that: (a) Requires immediate corrective action to restore normal operation; (b) Causes the source to exceed a technology-based emission limitation in the permit due to unavoidable increases in emissions attributable to the emergency; and (c) Does not include noncompliance caused by improperly designed equipment, lack of preventive maintenance, careless or improper operation, or operatorerror. (28) "Emission standard" means the numerical expression of quantity per unit oftime or other parameter that limits the amount of a regulated air pollutant that a source oremission unit is allowed to emitto the ambient air. (29) "Emission unit" means an affected facility, or a part or activity of a source, that emits or has the potential to emit a regulated air pollutant and does not alterthe definition ofthe term "unit" as used in the Acid Rain Program. (30) "Emissions fee" means the annual fee assessed to a source as prescribed in 401 KAR 50:038, made effective April12, 1995. (31) "Enforceable as a practical matter" meansthat the emission orother standards contained in a permit or compliance schedule include: (a) Technically accurate emission standards and the portions ofthe source that are subject to the standards; (b) A time period adequate to demonstrate compliance with the standards; and (c) The method the source will use to achieve and demonstrate compliance with the standards, including appropriate monitoring, recordkeeping, and reporting. (32) "Equivalent method" means a method of sampling and analyzing for an air pollutant that has been demonstrated to the cabinet and the U.S. EPA pursuant to 40 C.F.R. 53.3 to have a consistent and quantitatively known relationship to the reference method, underspecified conditions. (33) "Exempt compound" or "exempt solvent" means an organic compound listed in the definition ofvolatile organic compound as not participating in atmospheric photochemical reactions. (34) "Federally enforceable requirement" means an item specified in this subsection as it applies to an emission unit at a source subject to 40 C.F.R. Part 70, including a requirement promulgated or approved by the U.S. EPA in conjunction with the permit issuance but which has future-effective compliance dates. (a) A standard or requirement in the SIP that implements the relevant requirements ofthe Act, including a revision to that plan promulgated at 40 C.F.R. Part 52; (b) A term or condition ofa preconstruction permit issued pursuant to an applicable administrative regulation in 401 KAR Chapters 50 to 65 approved
orpromulgated pursuant to 42 U.S.C. 7401 to 7515; (c) A standard orother requirement promulgated pursuant to 42 U.S.C. 7411 or7429 governing solid waste incinerators; (d) A standard orother requirement promulgated pursuantto 42 U.S.C. 7412; (e) A standard or requirement ofthe Acid Rain Program; (f) A requirement established pursuantto 42 U.S.C. 7414(a)(3) or 7661c(b) for monitoring and compliance certification; (g) A national ambient airquality standard or increment orvisibility requirement pursuantto 42 U.S.C. 7470 to 7492 for a temporary source permitted pursuant to 42 U.S.C. 7661c(e); (h) A standard or other requirement for consumer and commercial products adopted pursuantto 42 U.S.C. 7511b(e); (i) A standard or other requirement for a tank vessel adopted pursuant to 42 U.S.C. 7511b(f); and 

### G) A standard or other requirement to protect stratospheric ozone adopted pursuant to 42 U.S.C. 7671 to 7671q, unless the U.S. EPA determines thatthose requirements need not be contained in the permit. (35) "Final permit" means: (a) For a federally enforceable permit, the version issued by the cabinet that has completed all the applicable review procedures of401 KAR 52:100 and forwhich a final determination has been made; or (b) For a state-origin permit, the version that meetsthe applicable provisions of401 KAR 52:040, and forwhich a final determination has been made. (36) "Fixed capital cost" means the capital needed to provide all the depreciable components. (37) "Fuel" means natural gas; petroleum; coal; wood; or a form of solid, liquid, or gaseous fuel derived from these materials for the purpose of creating useful heat. (38) "Fugitive emissions" means those emissions that could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. (39) "Hazardous air pollutant" or"HAP" means a pollutant listed pursuantto 42 U.S.C. 7412(b).



## http://www.lrc.ky.gov/kar/401/052/001.htm 4/10/2012

## 401 KAR52:001. Definitionsfor401 KARChapter52. Page 3 of6

(40) "Hot mix asphalt plant" means a stationary source or portable affected facility that manufactures hot mix asphalt by heating and drying aggregate and mixing itwith asphalt cements. (41) "Hydrocarbon" means an organic compound consisting predominantly ofcarbon and hydrogen. (42) "Incineration" means the process of igniting and burning solid, semisolid, liquid, orgaseous combustible wastes. (43) "Intermittent emissions" means emissions of particulate matter into the open air from a process that operates for less than any six (6) consecutive minutes. (44) "KyEIS" means the Kentucky Emissions Inventory System. (45) "Major source" means a stationary source or a group of stationary sources that emits or has a potential to emit a pollutant that is subject to regulation at or above a major source threshold and: (a) For HAPs: 1. Is located within a contiguous area; 2. Is under common control; 3. Includes all fugitive HAP emissions in determining ifthe source is major; and 4. Even if the units are in a contiguous area under common control, emissions are not aggregated with emissions from other similar units to determine majorsource status for:
a. Oil orgas exploration or production wells and the associated equipment; or b. Pipeline compressors or pump stations; and (b) For regulated air pollutants otherthan HAPs: 1. Is located on one (1) or more contiguous or adjacent properties; 2. Is under common control; 3. Belongs to a single major industrial grouping where all ofthe pollutant emitting activities belong to the same major group (i.e., all have the same two (2) digit code) as described in the 1987 Standard Industrial Classification (SIC) Manual; and 4. Fugitive emissions are considered in determining ifthe source is major if it belongs to a category listed in this clause:
a. Coal cleaning plants (with thermal dryers); b. Kraft pulp mills;
c. Portland cement plants; d. Primary zinc smelters;
e. Iron and steel mills; f. Primary aluminum ore reduction plants; g. Primary copper smelters; h. Municipal incinerators capable ofcharging more than 250 tons ofrefuse per day; i. Hydrofluoric, sulfuric, or nitric acid plants; j. Petroleum refineries; k. Lime plants; I. Phosphate rock processing plants;
m. Coke oven batteries;
n. Sulfur recovery plants;
o. Carbon black plants (furnace process); p. Primary lead smelters; q. Fuel conversion plants;
r. Sintering plants;
s. Secondary metal production plants; 

### I. Chemical process plants;

u. Fossil-fuel boilers (or a combination thereof) totaling more than 250 million BTU per hour heat input;

v. Petroleum storage and transfer units with atotal storage capacity of more than 300,000 barrels;
w. Taconite ore processing plants;

x. Glass fiber processing plants; y. Charcoal production plants;

z. Fossil-fuel-fired steam electric plants ofmore than 250 million BTU per hour of heat input; or
aa. All other stationary source categories subject to a standard promulgated pursuant to 42 U.S.C. 7411 or 42 U.S.C. 7412 and for which the U.S. EPA has made an affirmative determination pursuant to 42 U.S.C. 7602G).



## http://www.lrc.ky.gov/kar/401/052/001.htm 4/10/2012

## 401 KAR52:001. Definitionsfor 401 KARChapter52.

(46) "Major source threshold" means PTE: (a) For HAPs: 1. Ten (10) tons peryear or more ofa single HAP; 2. Twenty-five (25) tons peryear or more ofcombined HAPs; or 3. A lesser quantity that the U.S. EPA establishes in a final rulemaking; (b) 100tons peryear or more for regulated air pollutants otherthan HAPs, except that: 1. For ozone nonattainment areas:
a. 100 tons peryear or more ofvolatile organic compounds or nitrogen oxides in areas classified as marginal or moderate; b. Fifty (50) tons peryear or more in areas classified as serious;
c. Twenty-five (25) tons peryear or more in areas classified as severe; or d. Ten (10) tons peryear or more in areas classified as extreme; 

## Page4 of6

2. Fifty (50) tons per year or more of carbon monoxide for carbon monoxide nonattainment areas that are classified as serious and in which stationary sources contribute significantly to carbon monoxide levels; or 3. Seventy (70) tons peryear or more ofparticulate matter (PM 10) for PM 10 nonattainment areas classified as serious; or (c) A quantity established by the U.S. EPA in a final rulemaking for a pollutant that is subject to regulation. (47) "Malfunction" means a sudden and infrequent failure ofair pollution control equipment, process equipment, or a process to operate in a normal
or usual manner that is not caused entirely or in part by poor maintenance, careless operation, or other upset condition or equipment breakdown that could have been reasonably prevented. (48) "Marginal nonattainment county" or "marginal nonattainment area" means a county orportion ofa county designated marginal nonattainmentfor the national ambient airquality standard for ozone. (49) "Minorsource" means a stationary source that emits and has the potential to emit less than the major source thresholds. (50) "Moderate nonattainment county" or "moderate nonattainment area" means a county or portion ofa county designated moderate nonattainment forthe national ambient airquality standard for ozone. (51) "Modification" means any physical change in, ora change in the method ofoperation of, an affected facility that: (a) Increases the amount ofany regulated air pollutant emitted into the atmosphere by that facility, orthat results in the emission ofany regulated air pollutant into the atmosphere not previously emitted; and (b) Is not solely: 1. Maintenance, repair, and replacement that the cabinet determines to be routine for a source category considering available information; 2. An increase in production rate ofan affected facility, ifthat increase can be accomplished without a capital expenditure on that facility; 3. An increase in the hours ofoperation; 4. Use ofan alternative fuel or raw material if, prior to the date a standard becomes applicable to that source type, the affected facility was designed to accommodate that alternative use. A facility shall be considered to be designed to accommodate an alternative fuel or raw material ifthat use could be accomplished underthe facility's construction specifications as amended priorto the change; 5. Conversion to coal required for energy considerations, as specified in 42 U.S.C. 7411 (a)(8); 6. The addition or use of a system or device the primary function ofwhich is the reduction of air pollutants, except if an emission control system is removed or is replaced by a system that the cabinet determines to be less environmentally beneficial; or 7. The relocation orchange in ownership ofa source. (52) "Modification under Title I ofthe Act" means a change at a facility that constitutes a modification under 42 U.S.C. 7470 to 7492 or 42 U.S.C. 7501 to 7515. (53) "Opacity" means the degree to which emissions reduce the transmission of light and obscure the view ofan object in the background. (54) "Owner or operator" means a person who owns, leases, operates, controls, or supervises an affected facility or a source ofwhich an affected facility is a part. (55) "Person" is defined by KRS 224.01-010(17). (56) "Potential to emit" or "PTE" means the maximum capacity ofa stationary source to emit a pollutant under its physical and operational design in which: (a) A physical oroperational limitation on the capacity ofa source to emit an air pollutant, including air pollution control equipment and restrictions on hours ofoperation oron the type or amount of material combusted, stored, or processed is treated as part of its design ifthe limitation is enforceable as
a practical matter; and (b) Use ofthis term for other purposes ofthe Act orforthe term "capacity factor" as used in the Acid Rain Program is not altered. (57) "Proposed permit" means the version ofa permit that the cabinet proposes to issue and submit to the U.S. EPA for a forty-five (45) day review



## http://www.lrc.ky.gov/kar/401/052/001.htm 4110/2012

## 401 KAR52:001. Definitionsfor401 KARChapter52. Page 5 of6

period. (58) "Reconstruction" means the replacement ofcomponents ofan existing affected facility to the extentthat: (a) The fixed capital cost ofthe new components exceeds fifty (50) percent ofthe fixed capital cost that would be required to construct a comparable entirely new affected facility; and (b) It is technologically and economically feasible to meetthe applicable requirements in 401 KAR Chapters 50 to 65. (59) "Reference method" means a method of sampling and analyzing for an air pollutant as published in 40 C.F.R. Part 50, Appendices A to N; 40 C.F.R. Part 53; 40 C.F.R. Part 60, Appendices A and B; 40 C.F.R. Part 61, Appendix B; or40 C.F.R. Part 63, Appendices A to D. (60) "Regulated air pollutant" means: (a) Nitrogen oxides; (b) Volatile organic compounds; (c) A pollutant forwhich a national ambient airquality standard has been promulgated pursuantto 42 U.S.C. 7409 (Section 109 ofthe Act); (d) A Class I or Class 

### II substance subject to a standard promulgated orestablished pursuantto 42 U.S.C. 7671 to 7671q (Title VI oftheAct); (e) A pollutant subjectto a standard promulgated pursuantto 42 U.S.C. 7411; or (f) A hazardous air pollutant (HAP) subject to a standard orother requirement established pursuantto 42 U.S.C. 7412. (61) "Renewal" meansthe process bywhich a permit is reissued at the end of its permitterm. (62) "Responsible official" means: (a) For a corporation: a president, secretary, treasurer, orvice-president ofthe corporation in charge ofa principal business function, or other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative ofthat person ifthe representative is responsible forthe overall operation ofone (1) or more manufacturing, production, or operating facilities applying for orsubject to a permit; and

or 1. The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25,000,000 (in second quarter 1980 dollars);

2. The delegation ofauthority to the representative is approved by the cabinet in advance pursuantto this subsection; (b) For a partnership orsole proprietorship, a general partnerorthe proprietor, respectively; (c) For a municipality, state, federal, or other public agency, a principal executive officer or ranking elected official. For this administrative regulation, the principal executive officer of a federal agency includes the chief executive officer having responsibility for the overall operation of a principal geographic unit ofthe agency (e.g., a regional administrator ofthe U.S. EPA); or (d) Forthe acid rain portion ofa permit for an affected source, the designated representative. (63) "Section 502(b)(10) changes" means changes that contravene an express permit term and does not include changes that would violate applicable requirements or contravene federally enforceable permit terms and conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements. (64) "Shutdown" means the cessation ofan operation. (65) "Source" means one (1) or more affected facilities contained within a given contiguous property line, which means the property is separated only by a publicthoroughfare, stream, or other right ofway. (66) "Standard" means an emission standard, a standard ofperformance, oran ambient airquality standard promulgated in 401 KAR Chapters 50 to 65 orthe emission control requirements necessary to comply with 401 KAR Chapter51. (67) "Start-up" or "startup" means the setting in operation ofan affected facility. (68) "State implementation plan" or "SIP" means the most recently prepared plan or revision required by 42 U.S.C. 7410, that has been approved by the U.S. EPA. (69) "State-origin permit" means a permitthat is issued pursuantto 401 KAR 52:040 and is notfederally enforceable. (70) "State-origin requirement" means an applicable requirement contained in 401 KAR Chapters 50 to 65, which is not mandated by the Act and is not federally enforceable. (71) "Stationary source" means a building, structure, affected facility, or installation that emits or may emit a regulated air pollutant oran air pollutant subject to regulation pursuantto 40 C.F.R. 70.2. (72) "Subjectto regulation" is defined by 40 C.F.R. 70.2 forthe Title V program. (73) "Title V permit" means a permit issued under Kentucky's Title V program. (74) "Title V program" means a state operating permit program approved by the U.S. EPA pursuant to 42 U.S.C. 7661 to 7661f(Title V oftheAct). (75) "Total suspended particulates" or"TSP" means particulate matteras measured by the method described in 40 C.F.R. Part 50, Appendix B. (76) "tpy" means ton peryear. (77) "U.S. EPA" means the U.S. Environmental Protection Agency. (78) "Volatile organic compound" or "VOC" is defined by 40 C.F.R. 51.100(s). (79) 'Waste oil" means a petroleum based or synthetic oil such as an engine lubricant, engine oil, motor oil, or lubricating oil for use in an internal



## http://www.lrc.ky.gov/kar/401/052/001.htm 4/10/2012

## 401 KAR52:001. Definitionsfor401 KARChapter52. Page 6of6

combustion engine, or a lubricant for motor transmissions, gears, or axles that through use, storage, or handling has become unsuitable for its original purpose due to the presence of impurities or loss of original properties. (27 Ky.R. 612; Am. 1277; 1775; eff. 1-15-2001; 33 Ky.R. 209; eff. 11-8-06; 37 Ky.R. 469; Am. 1245; eff. 1-3-2011.)



## http://www.lrc.ky.gov/kar/401/052/001.htm 4110/2012