# REGULATIONSAS EFFECTIVE ON FEBRUARY 5,2010COMMONWEALTHOF KENTUCKY ENVIRONMENTALAND PUBLIC PROTECTION CABINET

DEPARTMENT FOR ENVIRONMENTAL PROTECTION Divisionfor Air Quality

401 

### KAR 51:OOl. Definitions for 401 

### KAR Chapter51.

RELATES

### TO: KRS 48.010(15)(a), 224.01-010, 224.20-100, 224.20-1 10, 224.20-120, 40 C.F.R. Chapter I, Part 50 Appendices A-R, 51 .I 00(s), 51.121, 51.l65, 51.l66, 51 Appendix S, 52.920, 53, 60, 60 Appendices A, B, 61, 61 Appendix B, 63 Appendices A 

## - Dl 70.2, 75, 82

, 96, 42 U.S.C. 7401 -7671 6, EO 2009-538 STATUTORY AUTHORITY: KRS 224.10-100(5), EO 2009-538 NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100 requires the cabinet to promulgate administrative regulationsfor the prevention, abatement, and control of air pollution. EO 2009-538, effective June 12, 2009, establishes the Energy and Environment Cabinet. This administrativeregulation defines the terms used in401 KAR Chapter51. The definitionscontained in this administrative regulation are neither more stringent nor otherwise different than the corresponding federal definitions.



### Section 1. Definitions. (1) "Acid rain emissions limitation" means a limitationon emissions of SO2or NOx imposed bythe Acid Rain Program under42 U.S.C. 7651 to 76510. (2) "Actual emissionsn means the actual rate of emissions of a regulated NSR pollutant from an emissions unit, as determined accordingto the following: (a) Actual emissions as of a particular date equals the average rate, intons per year, at which the unit actually emitted the pollutant during a consecutive twenty-four (24) month period, that precedesthat date and is representativeof normalsource operation. 1. Use of a different time period isallowed ifthe cabinet determinesthat 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 period are usedto calculate actual emissions. (b) Source-specific allowable emissionsfor the unit are equivalentto actual emissions of the unit ifthe cabinet has made an equivalency determination pursuantto 40 C.F.R. 51.166. (c) For an emissions unit, that has not begun normal operations on the particular date, actual emissions equals the potential to emit of the unit onthat date. (d)This definitiondoes not include: 1. Calculating if a significant emissions increase has occurred; or 2. Establishing a PAL under 401 KAR 51:017, Section20. (3) "Actuals PAL" or "PAL" means a plant-wide applicability limit established for a major stationary source based on the baseline actual emissions of all emissions units at the source that emit or have the potentialto emit the PAL pollutant. (4) "Adverse impact on visibility" means visibility impairment that interferes with the management, protection, preservation, or enjoyment of the visitor's visual experience of the Class I

area. This determination: (a) Isto be made on a case-by-case basis; (b) Considers the geographic extent, intensity, duration, frequency and time of visibility impairment, and howthese factors correlatewiththe times of visitor useof the Class 

### Iarea; and (c) Considers the frequency and timing of natural conditions that reduce visibility. 

### (5) "Affectedfacility" means an apparatus, building, operation, road, or other entity or series of entities that emits or may emit an air contaminant into the outdooratmosphere. (6) "Air contaminant" is defined by KRS 224.01-01O(1). (7) "Air pollutant" means air contaminant. (8) "Air pollution"is defined by KRS 224.01-01O(3).401 KAR 

### 51:OOl

(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 of the normal productofthe source or

### to its normaloperation. (10) "Allocate" or "allocation" means the determination by the cabinet of the number of NOx allowancesto be credited to a NOx budget unit. (11 ) "Allocation periodnmeans each three 

### (3) year period beginning May 1,2004. (1



### 2) "Allowable emissions" means: (a) The emissions rate of a stationary source calculated using the maximum rated capacityof the source, unless the source is subject to federally-enforceable limits that restrict the operating rate, or hours of operation, or both, and the most stringentofthe following: 1. The applicable standards codified in40 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 compliancedate; or (b) For an actuals PAL, the emissions rate of 

### a stationary source calculated considering any emission limitations that are enforceable as a practical matter on the emissions unit's potential to emit, and the most stringent provision of paragraph (a)l to 3 of this subsection. (1

3) "Alteration" means: (a)The installationor replacement of air 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 potentialto emit a pollutant, to which a standard applies, emitted by the facility or that results inthe emission of an air pollutant,to which a standardapplies, not previouslyemitted. (14) "Alternative method" is defined by 40 C.F.R. 60.2. For purposes of this definition, "administrator" means both U.S. EPA and the cabinet. (15) "Ambient air" means that portion of the atmosphere, external to 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 throughthe application of appropriate preventive or control measures. (1

7) "ANSI" means American National Standards Institute. (18) "AOAC" means Association of OfficialAnalytical Chemists. (1

9) "ASTM" meansAmerican Society for Testing and Materials. (20) "Baseline actual emissions" means the rate of emissions, intons per year, of a 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 of the project. 1. The rate is an averagethat:



### a. Includesfugitive emissions,to the extent quantifiable, and emissions associatedwith 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 for adjusting this amount as necessary accordingto clause b of this subparagraph; 

### 2. Use of a cabinet-approved time period otherthanthe twenty-four (24) month period is allowed, if a different time period is more representativeof normalsource operation; and 3. If a project involves multiple emissions units, only one (1) consecutive twenty-four (24) month period is usedto determine the baseline actual emissionsfor the emissions units being changed with a differentconsecutive twenty-four (24) month period allowedfor each regulated NSR pollutant.(b) For an existing emissions unit that is not an EUSGU, the unit actually emitted during any consecutive twenty-four (24) month period selected bythe owner or operatorwithin the ten (10) year period beginning on or after November 15, 1990, and immediately preceding the earlier of the date the owner or operator begins actual construction of the project or the date a complete permit applicationis received bythe cabinetfor a permit required under401 KAR 51:017 or 51:052. 1. The rate is an average that:

a. Includesfugitive emissions, to the extent quantifiable, and emissions associatedwith startups, shutdowns, and malfunctions; b. Isadjusted 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 emissions that would have exceeded an emission limitation with which the major stationary source is required currently to comply, if the 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 under40 C.F.R. Part 63, only if the Commonwealth of Kentucky has taken credit for the emissions reductions in an attainment demonstration or maintenance plan consistent with 40 C.F.R. 51.165(a)(3)(ii)(G); and

c. Is based on any consecutive twenty-four (24) month period for which there is adequate information for determining annual emissions, in tons per year, and for adjusting this amount as necessary accordingto clause b of this 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 for the emissions units being changed with a differentconsecutive twenty-four (24) month period allowedfor each regulated NSR pollutant. (c) For a new emissions unit, equals zero for determining the emissions increase that will result from the initial construction and operation of the new unit and thereafter, for all other purposes, equals the unit's potentialto emit. (d) For a PALfor a stationary source, is determined as follows: 1. For an existing EUSGU, in accordancewith the procedures contained in paragraph (a) of this subsection; 2. For other existing emissions units, in accordance with the procedures contained in paragraph (b)of this subsection; and 3. For a new emissions unit, in accordance with the procedures contained in paragraph (c) of this subsection. (21) "Baseline area" means an intrastate area, and every part of that area, designated as attainment or unclassifiable pursuant to 42 U.S.C. 7407 (d)(l)(A)(ii)or (iii) inwhich the major source or major modification establishing the minor source baseline date would construct or would have an air quality impact equal to or greater than one (1) pgIm3 annual average of the pollutant for which the minorsource baselinedate is established. (a) Area redesignations under 42 U.S.C. 7407(d)(l)(A)(ii) or (iii) cannot intersect or be smaller thanthe area of impact of a major stationary source or major modification that: 1. Establishesa minorsource baseline date; or 2. Is subjectto 401 KAR 51:017 and would be constructed inthe Commonwealth of Kentucky. (b) A baseline area established originally for total suspended particulate (TSP) increments remains in effect to determinethe amount of available PMIO increments, unless the cabinet rescinds the corresponding minorsource baseline date. (22) "Baseline concentrationnmeans the ambient concentration level that exists in the baseline

area on the date the applicable minor source baseline date is established. (a) A baseline concentration is determined for each pollutant for which a minor source baseline date isestablished and includes: 1. The actual emissions representative of sources in existence on the applicable minor source baseline date, except as provided in paragraph (b) of this subsection; and401 KAR 51:OOl

2. The allowable emissions of major stationary sources that commenced construction before the major source baseline date butwere not inoperation bythe applicable minorsource baselinedate. (b) The following are not included in the baseline concentration and thus affect the maximum applicable allowable increase: 1. Actual emissions at a major source, that resultfrom construction commencing after the major source baseline date; and 2. Actual emissions increases and decreases at a stationary source occurring after the minor

source baseline date. (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 if the area in which the proposed source or modification would construct is designated as attainment or unclassifiable pursuantto 42 U.S.C. 7407(d)(l)(A)(ii) or (iii)for the pollutant on the date of the source's complete application; and (a) For a majorstationary source, the pollutantwould be emitted in significant amounts; or (b) Fora major modification, there would be a significant netemissions increaseofthe pollutant. (24) "Begin actual construction" means: (a) Initiation of physical on-site construction activities on an emissions unit that are of a permanent nature and include installationof building supports and foundations, laying underground pipe work, and construction of permanent storage structures. (b) For a change in method of operations, those on-site activities, other than the preparatory activities, that mark the initiationofthe change. (25) "Best available control technology" or "BACT" means an emissions limitation, including a visible emission standard, based on the maximum degree of reduction for each regulated NSR pollutant that will 

### be emitted from a proposed major stationary source or major modification that: (a) Is determined by the cabinet on a case-by-case basis pursuant to 40 C.F.R. 51.166(b)(12) after taking into account energy, environmental, and economic impacts and other costs, to be achievable by the source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniquesfor control of that pollutant; (b) Does not result in emissions of a pollutant that would exceed the emissions allowed by an applicable standard codified in40 C.F.R. Parts 60 and 61; and (c) Is satisfied by a design, equipment, work practice, or operational standard or combination of standards approved bythe cabinet, if: 1. The cabinet determines technological or economic limitations on the application of measurement methodologyto a particular emissions unitwould make the impositionof an emissions standard infeasible; 2. The standard establishesthe emissions reductionachievable by implementationof the design, equipment, work practice, or operation; and 3. The standard providesfor compliance by meansthat achieve equivalent results. (26) "BOD" means biochemical oxidant demand. (27) "Boiler" means an enclosed fossil or other fuel-fired combustion device used to produce heatand to transfer heatto recirculatingwater, steam, or other medium. (28) "BTU" means Britishthermal unit. (29) "Building, structure, facility, or installation" means all of the pollutant emitting activitiesthat: (a) Belong to the same industrialgrouping, or have the same two (2) digit major group code, as described inthe Standard IndustrialClassification Manual; (b)Are locatedonone (1)or more contiguousor adjacent properties; (c) Are underthe controlof the same person or persons undercommon control; and (d) Do not includethe activitiesof a vessel. (30) ""C" means degree Celsius (centigrade). (31) "Cabinet" is defined by KRS 224.01-01O(9). (32) "Cal" means calorie. (33) "Capital expenditure" isdefined in40 C.F.R. 60.2. (34) 

### "dm" means cubic feet per minute.401 KAR 51:OOl

(35) "CH4" means methane. (36) "Clean coal technology" means a technology, including technologies applied at the precombustion, combustion, or postcombustion stage, at a new or existing facility that will achieve significant reductions in air emissions of sulfur dioxide or oxides of nitrogen associated with the utilizationof coal inthe generation of electricity or process steam that was not inwidespread use as of November 15,1990. (37) "Clean coal technology demonstration project" means a commercial demonstration of clean coal technology, with a federal contribution of at least twenty (20) percent of the total cost of the projectand funding appropriated as follows: (a) Under the heading "Department of Energy-Clean Coal Technology," up to a total amount of $2,500,000,000; or (b)To the U.S. EPAfor a similar project. (38) "Clinker" means the product of a portland cement kiln from which finished cement is manufacturedby 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 of electricity generation or steam production. (43) "Combustion turbine" means an enclosed fossil or other fuel-fired device that is comprised of a compressor, a combustor, and a turbine, and in which the flue gas resulting from the combustion of fuel inthe combustor passes through the turbine, rotatingthe turbine. (44) "Commence" meansthat an owner or operator: (a) Has undertaken a continuous program of construction, modification, or reconstruction of an affectedfacility, 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 of an affectedfacility; 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 of actual on-site construction of the
source, to be completedwithin a reasonabletime; 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 of actual constructionof the source to be completedwithin a reasonabletime. (45) "Commence commercial operation" means to have begun to produce steam, gas, or other heated medium used to generate electricityfor sale or use. Except as provided in 401 KAR 51:195

or 40 C.F.R. 96.5: (a) For a unit that is a NOx budget unit under 40 C.F.R. 96.4, on the date the unit commences commercial operation, the date remains the unit's date of commencement of commercial operation

even ifthe unit is subsequently modified, reconstructed, or repowered. (b) For a unit that is not a NOx budget unit under 40 C.F.R. 96.4, on the date the unit

commences commercial operation, the date the unit becomes a NOx budget unit under 40 C.F.R. 96.4 isthe unit'sdate of commencementof commercialoperation. (46) "Commence operation" means, for a NOx budget unit, to have begun a mechanical, chemical, or electronic process, including start-up of a unit's combustion chamber. Except as provided in401 KAR 51:195 or 40 C.F.R. 96.5: (a) For a unit that is a NOx budget unit under 40 C.F.R. 96.4 on the date of commencement of operation, the date remains the unit's date of commencement of operation even if the unit is subsequently modified, reconstructed, or repowered. (b) For a unit that is not a NOx budget unit under 40 C.F.R. 96.4 on the date of commencement of operation, the date the unit becomes 

### a NOx budget unit under 40 C.F.R. 96.4 is the unit's date of commencementof operation.(47) "Complete" means, in reference to an application for a major NSR permit, that the applicationcontains information necessaryfor processing the application. Designatingan application complete for permit processing does not preclude the cabinet from requesting or accepting additional information. (48) "Compliance schedule" means a time schedule of remedial measures including an enforceable sequence of actionsor operations leadingto compliance with a limitationor standard. (49) "Compliance supplement pool" means the quantity of NOx allowances providedto Kentucky bythe U.S. EPAto be: (a)Allocated to NOx budget unitsthat achieve early reduction; or (b) Used to assist NOx budget sources that are unable to meet the compliance deadline as providedin401 KAR 51:180, Section 5. (50) "Construction" means: (a) Fabrication, erection, installation, or modification of an air contaminantsource; or (b) For the NSR program, any physical change or change in the method of operation, including fabrication, erection, installation, demolition, or modification of an emissions unit that would result in

a change in emissions at an air contaminantsource. (51) "Continuous emissions monitoring system" or "CEMS" means all of the equipment that may be required to meet the data acquisition and availability requirementsof 401 KAR 51:017 or 51:052 to sample, condition (if applicable), analyze, and provide a record of emissions on a continuous basis. (52) "Continuous emissions monitoring system for NOx" or "CEMS for NOx" means the equipment required by 40 C.F.R. 96.70 to 96.76 to sample, analyze, measure, and provide, by readings taken at least once every fifteen (15) minutes of the measured parameters, a permanent record of NOx emissions, expressed in tons per hourfor 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 pollutantconcentration monitor; (c) Diluentgas monitor (02or Con)if requiredby40 C.F.R. 96.70 to 96.76; (d)Continuous moisture monitor if requiredby40 C.F.R. 96.70 to 96.76; and (e)Automated data acquisition and handling system. (53) "Continuous emissions rate monitoring system" or "CERMS" means the total equipment requiredfor the determination and recording of the pollutant mass emissions rate in terms of mass per unitoftime. (54) "Continuous monitoring system" means the total equipment, required under the applicable administrativeregulations in401 KAR Chapters 50 to 65, usedto sample, to condition (if applicable), to analyze, and to provide a permanent record of emissions or process parameters. (55) "Continuous parameter monitoring system" or "CPMS" means all of the equipment necessaryto meet the data acquisitionand availability requirementsof 401 KAR 51:017 and 51:052 to: (a) Monitor process and control device operational parameters such as control device secondary voltages and electric currents; (b) Monitor other information such as gas flow rate and ozone or carbon dioxide concentrations; and(c) Record average operational parameter values on a continuous basis. (56) "Control period" means: (a) For the year 2004, the period beginning May 31, 2004, and ending September 30, 2004, inclusive;and (b) For all other years, the period beginning May 1 of a year and ending September 30 of the same year, inclusive. (57) "Director" means Director of the Division for Air Quality of the Energy and Environment Cabinet. (58) "District" is defined by KRS 224.01-01O(11). (59) "dscf" means dry cubicfeet at standard conditions.(60) "dscm" means dry cubic meter at standard conditions. (61) "Electric generating unit" means, for 401 KAR 51:I60 to 51:195, a fossil fuel-fired boiler, combustion turbine, or a combined cycle system used to generate twenty-five (25) megawatts or
more of electricity, some of which isofferedfor sale. (62) "Electric utility steam generating unit"or "EUSGU" means,for the PSD and NSR programs: (a) A steam electricgenerating unit constructedfor the purpose of supplyingfor sale: 1. Morethan one-third (113) of its potential electricoutput capacity, and 2. More than twenty-five (25) megawatt electrical output to a utility power distribution system for sale; and (b) Steam to a steam-electric generator that would produce electrical energy is also considered indetermining the electricalenergy output capacityof the affected facility. (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 or from air pollution controlequipment installedinan affected facility. (64) "Emissions unit" means any part of a stationary source, including an EUSGU, that emits or has the potential to emit a regulated NSR pollutant. For 401 KAR 51:017 and 51:052, there are two (2)types of emissions units: (a) A new emissions unit,which is any emissions unitthat is orwill be newly constructed and that has existedfor lessthantwo (2)years from the date the unit first operated; and (b) An existing emissions unit, which is any emissions unit that does not meet the requirements in paragraph (a) of this subsection or isa replacement unit. (65) "Enforceable as a practical matter" means that the emission or other standards contained in

a permitor compliance schedule include: (a) Technically accurate emission standards and the portions of the source that are subject to the standards; (b) A time period adequate to demonstratecompliance with the standards; and (c) The method the source shall use to achieve and demonstrate compliancewith the limitations and standards, including appropriate monitoring, recordkeeping,and reporting. (66) "Equivalent method" means a method of sampling and analyzingfor an air pollutant that has been demonstratedto the cabinet's and the U.S. EPA's satisfaction pursuant to 40 C.F.R. 53.3 to have a consistent and quantitatively known relationship to the reference method, under specified conditions. (67) "Excess NOx emissions" means any tonnage of nitrogen oxides emitted by a NOx budget unit during a control periodthat exceeds the NOx budget emissions limitation for the unit. (68) "Exempt compound" or "exempt solvent" means an organic compound listed inthe definition of volatile organic compound as not participating inatmospheric photochemical reactions. (69) "Existing source" mqans a sourcethat is not a new source. (70) "Extreme nonattainment county" or "extreme nonattainment area" means a county or portion of a county designated extreme nonattainment for the one (1) hour national ambient air quality standard for ozone in401 KAR 51:010. (71) "OF" means degree Fahrenheit. (72) "Federal land manager" means, for any lands in the United States, the secretary of the departmentwith authority overthose lands. (73) "Federally enforceable" means all limitations and conditionsthat are enforceable bythe 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. €PA; and(c) Any permit requirements established under 40 C.F.R. 52.21 or under regulations approved under 40 C.F.R. Part 51, Subpart 

### I, including operating permits issued under an EPA-approved program incorporated into the SIP, that expressly requires adherence to a permit issued under the program. (74) "Federally-enforceable permit" means a permit issued under 401 KAR 52:020 or 52:030, as appropriate.(75) "Fixed capitalcost" meansthe capital neededto provideallthe depreciablecomponents. (76) "Fossil fuel" means natural gas; petroleum; coal; or a form of solid, liquid, or gaseous fuel derivedfrom naturalgas, petroleum, or coal. (77) "Fossil fuel fired" means, for a unit: (a) The combustion of fossil fuel, alone or in combination with another fuel, if the fossil fuel combusted comprises more than fifty (50) percent of the annual heat input on a BTU basis during a year starting in 1995or, if a unit had no heat input starting in 1995, during the last year of operation of the unit priorto 1995; or (b) The combustion of fossil fuel, alone or in combination with another fuel, if the fossil fuel is projectedto comprise more than fifty (50) percent of the annual heat input on a BTU basis during a year, and the unit is to be fossil fuel fired as of the date during the year the unit begins combusting fossil fuel. (78) "ft" meansfeet or foot. (79) "Fuel" means natural gas; petroleum; coal; wood; or a form of solid, liquid, or gaseous fuel derivedfrom these materialsfor the purpose of creating useful heat. (80) "Fugitive emissions" means those emissions that could not reasonably pass through a stack, chimney, vent, or otherfunctionally equivalentopening. (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 of time, of the gross calorific value of the fuel, in BTU per Ib, and the fuel feed rate into a combustion device, in mass of fuel per unit of time, that: (a) Does not include the heat derived from preheated combustion air, recirculatedflue gases, or exhaust from other sources; and (b) Is measured, recorded, and reported to the cabinet by the NOx authorized account representativeinaccordancewith 40 C.F.R. 96.70 to 96.76. (88) "HF" means hydrogen fluoride. (89) "Hg" means mercury. (90) "High terrain" means an area having an elevation of 900 feet or more above the base of the stack of a source. (91) "hr" means hour. (92) "Hydrocarbon" means an organic compound consisting predominantly of carbon and hydrogen. (93) "Hydrocarboncombustionflare" means: (a) A flare used to comply with an applicable New Source Performance Standard (NSPS) or Maximum Achievable Control Technology (MACT) standard, including uses of flares during startup, shutdown, or malfunction permitted underthe standard; or (b) A flare that serves to control emissions of waste streams comprised predominately of hydrocarbonsand containing no morethan 230 pgldscm hydrogen sulfide. (94) "H20" means water. (95) "H2SW means hydrogen sulfide. (96) "H2S0411means sulfuric acid. (97) "in" means inch. (98) "Incineration" means the process of igniting and burning solid, semisolid, liquid, or gaseous 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 of 250 MMBTU per hour or more that is notan electric generating unit. (100) "Innovative control technology" means a system of air pollution control that has not been adequately demonstrated in practice, but has a substantial likelihoodof achieving:401 KAR 

### 51:OOl

(a)Greater continuousemissions reduction than any control system incurrent practice; or (b)At least comparable reductions at lowercost interms of energy, economics, or non-air quality environmental impacts. (101) "Intermittent emissions" means emissions of particulate matter into the open air from a processthat operatesfor lessthan any six (6) consecutive minutes. (1

02) "J" meansjoule. (1

03) "Kg" means kilogram. (1

04) "1" means liter. (1

05) "Ib" means pound. (106) "Legally enforceableumeans the cabinet or the U.S. EPA has the authority to enforce a certain restriction. (107) "Long dry kiln" means a kiln that employs no preheating of the feed and has a dry inkt feed. (108) "Long wet kiln" means a kiln that employs no preheating of the feed and the inlet feed to the kiln is a slurry. (109) "Low terrain" means an area other than highterrain. (110) "Lowest achievable emissions rate" or "LAER" means, for any source, the more stringent rate of emissions based on: (a) The most stringent emissions limitation that is contained inthe Kentucky SIP for the class or category of stationary source, unless the owner or operator of the proposed stationary source demonstratesthat the limitations are not achievable; or (b)The most stringent emissions limitationthat is achieved in practice bythe class or categoryof stationary sources. 1. Ifthis limitation is applied to a modification,this is the lowest achievable emissions rate for the

newor modified emissions unitsatthe stationary source. 2. The application of this term does not permit a proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under an applicable new source standard of performance. (1 

### I I) "m" means meter. (112) "m3"means cubic meter. (113) "Major emissions unit" means: (a)Any emissions unit that emits or has the potential to emit 100tons per year or more of a PAL pollutant in an attainment area; or (b)Any emissions unit that emits or has the potential to emit a PAL pollutant in an amount that is equal to or greaterthan the majorsource threshold for the PAL pollutant as defined by the CleanAir Act, 42 U.S.C. 7401-7671q, for nonattainmentareas. (114) "Major modification" is defined by 40 C.F.R. 51.165(a)(l)(v)for 401 KAR 51:052 and by 40 C.F.R. 51.166(b)(2)for 401 KAR 51:017. (115) "Major NSR permit" means a permit issued under Kentucky's PSD or NSR program. (116) "Major source" means a source with a potentialemission rate equal to or greater than 100 tons per year of any one (1) of the following pollutants: particulate matter, sulfur oxides, nitrogen oxides, volatile organic compounds, carbon monoxide, or ODs. (117) "Major source baseline date" means: (a) For particulate matterand sulfur dioxide, January 6, 1975; and (b) For nitrogen dioxide, February8, 1988. (118)(a)"Major stationary sourceumeans: 

### 1.a. 

### A stationary source of air pollutants that emits, or has the potential to emit, 100 tons peryear

or moreof a regulated NSR pollutant, except that the following lower emissions thresholds apply: 

### (i)For ozone nonattainment areas: one hundred (100) tons per year or more of volatile organic compounds or nitrogen oxides in a marginal or moderate ozone nonattainmentarea; fifty (50) tons peryear or more of volatile organic compounds or nitrogenoxides in a serious ozone nonattainment
area; twenty-five (25) tons per year or more of volatile organic compounds or nitrogen oxides in a

severe ozone nonattainmentarea; or ten (10) tons per year or more of volatile organic compounds or nitrogen oxides inan extreme ozone nonattainment area;(ii) Fifty (50) tons per year or more of carbon monoxide in a serious carbon monoxide nonattainment area where stationary sources contribute significantly to carbon monoxide levels; and (iii) Seventy (70) tons per year or more of particulate matter (PMlo) in a serious PMlo nonattainmentarea; or b.(i) Forthe PSD program, any of the following stationary sources of air pollutants that emits, or has the potential to emit, 100 tons per year or more of a regulated NSR pollutant: fossil fuel-fired steam electric plants of more than 250 million 

### BTU per hour heat input, coal cleaning plants with thermal dryers, kraft pulp mills, portland cement plants, 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 producing ethanol by natural fermentation under the North American Industry ClassificationSystem (NAICS) codes 325193 or 312140, 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; (ii) Regardless of the stationary source size specified in subparagraph 1b(i) of this paragraph, a stationary source that emits, or has the potential to emit, 250 tons per year or more of a regulated NSR pollutant; or 2. 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 major stationary source by itself. (b) A major stationary source that is major for volatile organic compounds or nitrogen oxides is considered majorfor ozone. (c) The fugitive emissions of a stationary source are not included in determining ifthe source is a major stationary source, unless the source belongs to one (1) of the following categories of stationary sources: 1. Coal cleaning plantswith thermal dryers; 2. Kraft pulp mills; 3. Portland cement plants; 4. Primary zinc smelters; 5. Ironand steel mills; 6. Primary aluminumore reduction plants; 7. Primary copper smelters; 8. Municipal incineratorscapable of charging more than 250tons 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; 20. Chemical process plants, except ethanol production facilities producing ethanol by natural fermentation under NAICS codes 325193 or 31 2140; 21. Fossil-fuel boilers, or combination of fossil-fuel boilers, totaling more than 250 million BTUs per hour heat input; 22. Petroleum storage and transfer unitswith 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-firedsteam electric plantsof morethan 250 million BTUs per hour heat input; or 27. Another stationary source category that, as of August 7, 1980, is being regulated under 42 U.S.C. 7411or 7412. (119) "Malfunction" means a sudden and infrequent failure of air pollution control equipment, process equipment, or a 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 or equipment breakdownthat is reasonably preventable. (120) "Mandatory Class Iarea" means an area identified in 40 C.F.R. Part 81, Subpart Dl if the administrator of the U.S. €PA, inconsultation with the Secretaryof the United States Departmentof 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 for the one (1) hour national ambient air qualitystandardfor ozone in401 KAR 51:OlO. (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 characteristicsof the unit. (123) "Maximum potential hourly heat input" means an hourly heat input used for reporting purposes if a unit lacks certified monitorsto 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 calorificvalue, ifthe unit intendsto use 40 C.F.R. Part75, Appendix Dto 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 C02concentration (in percent C02)or the minimum percent 02, if the unit intendsto use a flow monitorand a diluent gas monitor. (124) "Maximum potential NOx emission ratewmeans the emission rate of NOx (in Ib 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 02 or the minimum percent C02under all operating conditions of the 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 or the highest observed hourly heat input. (1

26) "vg" means microgram. (1

27) "mg" means milligram. (128) "Mid-kilnfiring" means the secondary firing in kilns by injecting solid fuel at an intermediate point inthe kiln using a specially designed feed injection mechanism for the purpose of decreasing NOx emissionsthrough: (a) Burning part of the fuel at a lower temperature; and (b) Reducingconditions at the solid waste injection point that may destroy some of the NOx formed upstream inthe kiln burningzone. (1

29) "min" means minute. (130)(a) "Minor source baseline datew means the earliest date after the trigger date on which a major stationary source or a major modification subject to 40 C.F.R. 52.21 or to administrative regulationsapproved under 40 C.F.R. 51.I66 submits a complete application under the applicable administrative regulations. 1. For particulate matterand sulfur dioxide, the triggerdate isAugust 7, 1977; and 2. For nitrogendioxide, the trigger date is February 8, 1988. (b) A minor source baseline date established originally for the TSP increments remains in effect to determine the amount of available PMio increments, except that the cabinet may rescind the minor source baseline date pursuant to 40 C.F.R. 51.166(b)(14)(iv) if it is demonstrated to the satisfaction of the cabinet that the emissions increase from the major modification responsible for triggeringthat date did not result ina significant amount of PMloemissions.401 KAR 51:OOl

(c) The baseline date is established for each pollutant for which increments or other equivalent

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)(l)(A)(ii) or (iii) for the pollutant on the date of its complete application pursuantto 401 KAR Chapter52; and 2. For a major stationary source, the pollutant will be emitted in significant amounts or a significant net emissions increase of the pollutantwill occurfor a major modification. (1

31) "MJ" means megajoules. (1

32) "mm" means millimeter. (1

33) "MM" means million. (1

34) "mo" means month. (135) "Moderate nonattainment county" or "moderate nonattainment area" means a county or portion of a county designated moderate nonattainment for the one (1) hour national ambient air qualitystandardfor ozone in401 KAR 51:010. (1

36) "Modification" means any physical change in, or a change inthe method of operation 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 or that results in the emission of any air pollutant (to which a standard applies) into the atmosphere not previouslyemitted; and (b) Is not solely: 1. Maintenance, repair, and replacementthat the cabinet determines to 

### be routine for a source category; 2. An increase in production rate of an affected facility, if that increase can be accomplished without a capital expenditureonthat facility; 3. An increase inthe hoursof operation; 4. Use of an alternative fuel or raw material if, prior to the date a standard becomes applicableto that source type, the affected facility was designed to accommodatethat alternative use. A facility is considered to be designed to accommodate an alternative fuel or raw material if that use could be accomplished under the facility's construction specifications as amended prior to the change; 5. Conversionto coal requiredfor energy considerations, as specified in42 U.S.C. 7411 (a)(8); 6. The addition or use of a system or device the primary function of which is the reductionof air pollutants, unless an emission control system is removed or replaced by a system that the cabinet determinesto be less environmentally beneficial; or 7. The relocationor change inownership of a 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, if applicable, process parameters. (1

38) "Monitoring system" means a monitoring system that meets the requirements of 40 C.F.R. Part 96. (139) "MWe" means megawattelectrical. (1

40) IN2"means nitrogen. (141) "Nameplate capacity" means the maximum electrical generating output (in MWe) that a generator can sustain over a specified period of time if not restricted by seasonal or other deratings as measuredwith United States Department of Energy standards pursuantto 40 C.F.R. 96.2. (142) "Natural conditions" means those naturally occurring phenomena that reduce visibility as measured interms of visual range, contrast, or coloration. (143) "Necessary preconstruction approvals or permits" means those permits or approvals required under the administrative regulations approved to the Kentucky SIP pursuant to 40 C.F.R. 52.920, and federal air quality control laws and regulations established pursuantto 42 U.S.C. 7401- 7671q. (144)(a) "Net emissions increase" means, for any regulated NSR pollutant emitted by a major stationary source, the amount by which the sum of subparagraphs 1 and 2 of this paragraph exceeds zero:1. An increase in emissions from a particular physical change or change in method of operation at a stationary source as calculated pursuant to 401 KAR 51:017, Section l(4) or 401 KAR 51:052, Section l(2); and 2. Any other increases and decreases inactual emissionsat 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 inthis 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 date that the 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 increaseor decrease inactual 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 pursuantto 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 or decrease 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 calculatingthe amount of maximumallowable increases remaining available. For particulate matter, only PMlo emissions are usedto evaluate the net emissions increasefor PMlo. (e) An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceedsthe old level. (f)A decrease in actual emissions is creditable onlyto the extentthat: 1. The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new levelof actualemissions; 2. The decrease is enforceable as a practical matterat and after the time that actual construction

on the particularchange begins; and 3. The decrease has approximately the same qualitative significance for public health and welfare as that attributedto the increase from the particular change. (g) An increase that results from a physical change at a source occurs if the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. A replacement unit that requiresshakedown becomes operational only after a reasonable shakedown period, not to exceed I80days. (h) The term, actual emissions, as defined in subsection (2) of this section does not apply in determining creditable increases and decreases. (145) "New source" means a source, the construction, reconstruction, or modificationof which commenced on or after the classificationdate as defined inthe applicable administrative regulation, irrespective of a change inemission rate. (146) "Nitrogen oxides" means all oxides of nitrogen except nitrous oxide, as measured by test methods specified bythe cabinet. (147) "ng" means nanograms. (148) "NO" means nitricoxide. (149) "NO2"means nitrogendioxide. (150) "Nonattainment major new source review program" or "NSR program" means a major source preconstruction permit program that has been approved by the U.S. EPA and incorporated into the Kentucky SIP to implement the requirements of 40 C.F.R. 51.165 and 40 C.F.R. Part 51, Appendix S. (1

51) "NOx" means nitrogen oxides. (152) "NOx allowance" means an authorizationto emit one (1) ton of NOx during a control period under the NOx BudgetTrading Program.

### 401 KAR 

### 51:OOl

(153) "NOx Allowance Tracking System (NATS)" means the system by which the U.S. EPA records allocations, deductions, and transfers of NOx allowances under the NOx Budget Trading Program. (154) "NOx authorized account representative" means the person who is authorized by the owner or operatorto: (a) Represent and legally bind the owner and operator in all matters pertaining to the NOx Budget Trading Program in accordance with 40 C.F.R. Part 

### 96, Subpart 

### Bfor a NOx budget source and all NOx budget unitsat the source; and (b) Transfer or otherwise dispose of NOx allowances held in the general account in accordance with 40 C.F.R. Part96, Subpart F, for a general account. (1

55) "NOx budget emissions limitation" means, for a NOx budget unit, the tonnage equivalent of the NOx allowances available for compliance deduction for the unit and for a control period under 401 KAR 51:160 adjusted by deductions of sufficient NOx allowances to accountfor: (a)Actual utilization under 40 C.F.R. 96.42(e) for the control period; (b) Excess NOx emissions for a prior control 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 under 40 C.F.R. 96.87. (156) "NOx budget opt-in source" means an affected facility that has elected to become a NOx budget unit under the NOx Budget Trading Program and whose NOx budget opt-in permit has been issuedand is ineffect. (157) "NOx budget source" means a sourcethat includesone (I)or more NOx budget units. (158) "NOx Budget Trading Program" means the multistate NOx air pollution control and emission reduction program established and administered by the U.S. EPA under 40 C.F.R. 51.121

or 52.34, as a means of mitigating the interstatetransport of 03, O3precursors,and NOx. (159) "NOx budget unit" means a unit subject to the NOx Budget Trading Program emissions limitation under401 KAR 51:160 or 40 C.F.R. 96.80. (160) "NOx budget unit operator" means a personwho operates, controls, or supervises a NOx budget unit, a NOx budget source, or 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 and includes a holding company, utilitysystem, or plant managerof a NOx budget unit or source. (161) "NOx budget unit owner" means: (a) A holder of a portion of the legal or equitable title in a NOx budget unit or in a unit for which an applicationfor a NOx budget opt-in permit under 401 KAR 51:195 is submitted and not denied or withdrawn; (b)A holder of a leasehold interest in a NOx budget unit or ina unitfor which an application for a NOx budget opt-in permit under401 KAR 51:I95 issubmitted and not denied or withdrawn; (c) A purchaser of power from a NOx budget unit or from 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 providedfor in a leasehold agreement, does not include a passive lessor, or a personwho has an equitable interestthrough 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 under 401 KAR 51 :I 95 is submittedand 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 for the NOx authorized account representativeto representthat person's ownership. (1

62) "02"means oxygen. (1

63) "03"means ozone.

(164) "Opacity" means the degree to which emissions reduce the transmission of light and obscure the view of an object inthe background. (165) "Operating" means, for a NOx budget unit, having documented heat input for more than 876 hours inthe six (6) months immediately precedingthe submissionof an applicationfor an initial NOx budget permit.401 KAR 51:OOl

(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 or withdrawn, and includes any holding company, utilitysystem, or plant managerof the unit or source. (167) "Opt-in" means to be elected to become a NOx budget unit underthe NOx Budget Trading Programthrough a final NOx budget opt-in permit. (168) "Owner" means, for a NOx budget unit, the following persons: (a)A holder of any portion of the legalor equitabletitle in a NOx budget unit or in a unit for which

an application for a NOx budget opt-in permit under 40 C.F.R. 96.83 is submitted and not denied or withdrawn; (b) A holder of a leasehold interest in a NOx budget unit or in a unitfor which an application for a NOx budget opt-in permit under40 C.F.R. Part96.83 is submitted and notdenied or withdrawn; (c) A purchaser of power from a NOx budget unit or from a unit for which an applicationfor a NOx budget opt-in permit under 40 C.F.R. 96.83 is submitted and not denied or withdrawn under a life-of-the-unit, firm power contractual arrangement and unless expressly provided for in a leasehold agreement, does not include a passive lessor, or a personwho has an equitable interest through the lessor, whose rental payments are not based upon the revenues or income from the NOx budget unit or the unit for which an application for a NOx budget opt-in permit under 40 C.F.R. 96.83 is submitted and not denied orwithdrawn; or (d) With respect to a general account, a person who has an ownership interest with respect to NOx allowances held in the general account and who is subject to the binding agreement for the NOx authorized account representativeto representthat person's ownership interest with respect to NOx allowances. (169) "Owner or operator" means a personwho owns, leases, operates, controls, or supervises

an affectedfacility or a sourceto which an affectedfacility is a part. (1

70) "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 of the total amount of ozone destroyed by a fixed amountof an ozone depleting substance to the amount of ozone destroyed by the same mass of trichloroflouromethane (CFC-11) inwhich the ozone depleting potentialof CFC-11 is equalto one and zero tenths (1.0). (172) "Ozone depleting substance" or "ODs" means any chemical compound regulated under40 C.F.R. Part 82 with decay products, after the photolysis of the ODs by short-wave ultraviolet light, that are able to catalyze the destruction of stratosphericozone. (1

73) "PAL effectivedate" means: (a)The date of issuance of the PAL permit; or (b) For an increased PAL, the date any emissions unit that is part of the PAL major modification becomes operational and beginsto emitthe PAL pollutant. (174) "PAL effective period" means the period beginningwith the PAL effective date and ending ten (1 0) years later. (175) "PAL major modification" means any physical change in or a change in the method of operation of the PAL source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL. (176) "PAL permit" means the permit issued by the cabinet that establishes a PAL for a major stationary source. (177) "PAL pollutant" means the pollutantfor which a PAL is established at a major stationary

source. (178) "Particulate matter" means a material, except uncombined water that exists in a finely divided form as a liquid or a solid measured byan approvedtest method. (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 inthe KentuckySIP. (180) "Peak load" meansthe maximum instantaneous operating load.(181) "Permitted capacity factor" means the annual permitted fuel use divided by the manufacturer's specified maximumfuel consumption multiplied by 8,760 hours peryear. (182) "Person" is defined by KRS 224.01-01O(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 isestablished source-wide inaccordancewith 401 KAR 51:017 or 51:052. (184) "PM2.jnmeans 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 in40 C.F.R. Part 50, Appendix L, and designated in accordance with 40 C.F.R. Part 53, or by an equivalent method designated inaccordance with 40 C.F.R. Part53. (185) "PMqou 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 accordancewith 40 C.F.R. Part53. (186) "PMlo 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 inthe Kentucky SIP. (187) "Pollution prevention" means any activity that through process changes, product reformulation or redesign or substitution of less polluting raw materials, eliminates or reduces the releaseof air pollutantsto the environment, including fugitive emissions, prior to recycling, treatment,

or disposal and does not include recycling, other than certain in-process recycling practices, energy recovery, treatment, or disposal. (188) "Portland cement" means a hydraulic cement produced by pulverizing clinker consisting essentiallyof hydraulic calcium silicates. (189) "Portland cement kiln" means a system, including solid, gaseous or liquid fuel combustion equipment, used to calcine and fuse raw materials, including limestone and clay, to produce Portlandcement clinker. (190) "Potential to emit" or "PTE" means: (a) The maximum capacity of a stationary source to emit a pollutant under its physical and operationaldesign, inwhich: 1. 

### A physical or operational limitation on the capacity of a source to emit an air pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of materialcombusted, stored, or processed, istreated as partof itsdesign ifthe limitationis enforceable as a practical matter; and 2. This definition does not alter or affect the use of this term for other purposes of the Clean Air Act, 42 U.S.C. 7401-7671q, or the term "capacity factor" as used inthe Acid Rain Program. (b) For the PSD and NSR programs, the maximum capacity of a stationary source to emit a pollutant under its physicalor operational design, inwhich: 1. 

### A physical or operational limitation on the capacity of the 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 ifthe limitationor the effect itwould have onemissions:

a. Isfederally enforceable;or b. For an actuals PAL, isfederally enforceable or enforceable 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(w1w)" means parts per million (weight byweight). (194) "Precalciner kiln" means a kiln inwhich 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 kilnthat forms clinker. (195) "Predictive emissions monitoring systemn or "PEMS" means all of the equipment necessary to monitor process parameters, such as control device secondary voltages and electric401 KAR 51:OOl

currents, and to monitor control device operational parameters, such as gas flow rate, ozone concentrations, or carbon dioxide concentrations, and to calculate and record the mass emissions rate on a continuous basis. (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 kilnthat forms clinker. (1

97) "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 KentuckySIPto implementthe requirementsof 40 C.F.R. 51.I66or 52.21. (198) "Project" means a physical change in or change in method of operation of an existing majorstationary source. (1

99) "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) of the ten (1

0) years following that date, if: 1. The project involves increasing the emissions unit's design capacity or its potentialto emit the regulated NSR pollutant; and 2. Full utilization of the unit would result in a significant emissions increase or a significant net emissions increase at the major stationarysource. (b) To determine projected actual emissions, before beginning actual construction, the owner or operator of the major stationary source: I .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 KentuckySIP; 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 utilizationdue to product demand growth;

or 2. Elects to use the emissions unit's potential to emit, in tons per year, instead of using subparagraph 1of this paragraphto determine projected actual emissions. (200) "psia" means pounds per square inchabsolute. (201) "psig" means pounds per square inchgage. (202) "RACTIBACTILAER Clearinghouse" or "RBLC" means the U.S. EPA's online collection of previous RACTIBACTILAERdeterminations. (203) "Reactivation of a very cleancoal-fired EUSGU" means a physical change or change inthe method of operation associated with the commencement of commercial operations by a coal-fired utility unitafter a period of discontinued operation ifthe unit: (a) Has not been in operation for the two (2) year period between November 15, 1988, and November 15, 1990, and the emissions from that unit continue to be carried in the Kentucky emissions inventoryafter November 15,1990; (b) Was equipped prior to shutdown with a continuous system of emissions control achieving a removal efficiency for sulfur dioxide of no less than eighty-five (85) percent and a removal efficiency for particulatesof no less than ninety-eight (98) percent; 

### (c) Is equippedwith low-NOx burners priorto the time of commencementof operations following reactivation; and (d) Isotherwise incompliancewith the requirementsof 42 U.S.C. 7401to 7671q. (204) "Reasonable further progress" means annual incremental reductions in emissions of the relevant air pollutant as required by 42 U.S.C. 7501 to 7515 or may reasonably be required by the U.S. EPAfor the purpose of ensuringthe attainment of the applicable ambientair quality standard by the applicable date specified.401 KAR 

### 51:OOl

(205) "Reconstruction" means the replacement of components of an existing affected facility to the extentthat: (a) The fixed capital cost of the new components exceeds fifty (50) percent of the fixed capital cost that would be requiredto construct a comparable entirely new affected facility; and (b) It is technologically and economically feasible to meet the applicable requirements of 401 KAR Chapters 50to 65. (206) "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, AppendicesA and B; 40 C.F.R. Part 61, Appendix 

### B; or 40 C.F.R. Part63, 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 precursorsfor such pollutants identiedbythe U.S. EPA; (b)A pollutantsubject to any standard promulgated under42 U.S.C. 7411; (c) A pollutant subject to a standard promulgated under or established by 42 U.S.C. 7671 to 7671q; or (d)A pollutant that otherwise is subject to regulation under42 U.S.C. 7401 to 7671q, exceptthat any hazardous air pollutant (HAP) listed in 42 U.S.C. 7412 or addedto 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 precursorof a general pollutant listed under42 U.S.C. 7408. (208) "Replacement unit" means an emissions unit that does not generate creditable emissions reductionsby shuttingdown the existingemissions unit that is replaced, andthat: (a)l. Isa reconstructed unit within the meaning of 40 C.F.R. 60.15(b)(l) or that completely takes the placeof an existingemissions unit; 2. Is identical to or functionally equivalentto the replaced emissions unit; and 3. Does not alterthe basic design parameters of the process unit. (b) Replacesa unitthat: 1. Is permanently removed from the major stationary source, is otherwise permanently disabled, or is prohibitedfrom operating by a permitthat is enforceableas a practical matter; and 2. If brought back into operation, is considereda new emissions unit. (209) "Repowering" means: (a) Replacement of an existing coal-fired boiler with one (1) of the following clean coal technologies: 1. Atmospheric or pressurized fluidized bed combustion; 2. lntegratedgasificationcombined cycle; 3. Magneto hydrodynamics; 4. Directand indirectcoal-fired turbines; 5. lntegratedgasification fuel cells; or 6. Pursuant to 40 C.F.R. 51.166, as determined by the U.S. EPA in consultation with the Secretaryof Energy:

a. A derivative of one (1) or more of the technologies listed in subparagraphs 1 to 5 of this paragraph; or b. Another technology capable of controlling multiple combustion emissions simultaneouslywith improved boileror generation efficiency and with significantly greater waste reduction relative to the performanceoftechnology inwidespread commercial use as of November 15,1990. (b) An oil or gas-fired unit that has been awarded clean coal technology demonstration funding as of January 1,1991 bythe Department of Energy. (c) A permit application from a source pursuant to this subsection receives expedited consideration bythe cabinet and is granted an extension under42 U.S.C. 7651h. (210) "Responsibleofficial" means: (a) For a corporation: a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or other person who performs similar policy or decisionmaking functions for the corporation, or a duly-authorized representative of that person if the401 KAR 

### 51:OOl

representative is responsiblefor the overall operation of one (1) or more manufacturing, production,

or operating facilities applyingfor or subjectto a permit; and 1. The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25,000,000 insecond quarter 1980dollars; or 2. The delegation of authority to the representative is approved in advance by the cabinet pursuantto this subsection; (b) For a partnershipor sole proprietorship, a general partner or the proprietor, respectively; (c) For a municipality, state, federal, or other public agency, a principal executive officer or ranking elected official. The principal executive officer of a federal agency includes the chief executive officer having responsibility for the overall operation of a principal geographic unit of the agency; or (d) For the acid rain portionof a permitfor an affected source, the designated representative. (211) "Run" means the net period of time, either intermittent or continuous within the limits of good 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 of the construction or operation of a major stationary source or major modification, and do not come from the major stationarysource or major modification itself; (b) Are specific, well defined, quantifiable, and impact the same general area as the stationary source modificationthat causesthe secondary emissions; (c) Include emissions from an offsite support facility that would not otherwise be constructed or increase its emissions as a result of the construction or operation of the major stationary source or major modification; and (d) Do not include emissions that come directly from a mobile source, including emissions from the tailpipe of a motor vehicle, a train, or vessel. (21 5) "Serious nonattainment county" or "serious nonattainment area" means a county or portion of a county designated serious nonattainment for the one (1) hour national ambient air quality standard for ozone in401 KAR 51:010. (216) "Severe nonattainment county" or "severe nonattainment area" means a county or portion of a county designated severe nonattainment for the one (1) hour national ambient air quality standardfor ozone in401 KAR 51:010. (21 7) "Shutdown" means the cessation of an operation. (21 8) "Significant" means: (a) For 401 KAR 51:017, in referenceto a net emissions increase or the potentialof a source to emit any of the pollutants listed inthe following table, a rate of emissionsthat would equal or exceed 

### - 3 corresponding rate listed inthe table: POLLUTANT 

## I EMISSIONS RATE 

## I

Particulate matter 

# 1 25 tpy ofparticulatematter emissions 

# I Carbonmonoxide Ozonedepletingsubstance Nitrogenoxides Sulk dioxide - -- 100tons peryear (tpy)

100tpy 

### 40 tpy 40 bv

Ozone 15 tpy ofPMlo emissions
40 tpy ofvolatile organic compounds or

Lead nitrogenoxides
0.6 tpv Fluorides Sulfuric acid mist Hydrogen sulfide (H2S) 

### 3 tpy 

### 7 tpy
10~PY

### Total reduced sulfur (includingH2S) Reduced sulfurcompounds (includingH2S) Municipal waste combustor organi& (measured as total tetra- throughoctachlorinateddibenzo-p-dioxins anddibenzofurans) Municipal waste combustor metals(measured as particulatematter) Municipal waste combustor acid (measured as sulfurdioxide andhydrogen chloride) Municipal solidwaste landfill emissions (measured as nonmethaneorganic comvounds) 3.2x 1

# o-~ megagramsperyear (Mg/y) (3.5x 1

# o4 tpy)

I I (bl For 401 KAR 51:017, in referenceto a net emissions increase or the mtential of a source to emit 

### a regulated NSR pollutant that is not listed in the table in paragraph (a)'of this subsection, any emissions rate. (c) For 401 KAR 51:017, in reference to an emissions rate or a net emissions increase associated with a major stationary source or major modification, that is to be constructed within ten (10) kilometers of a Class Iarea, an impact on that area equal to or greater than one (1) pglm3 over
a twenty-four (24) houraverage. (d) For 401 KAR 51:052, in referenceto a net emissions increase or the potentialof a source to emit any of the pollutants listed inthe following table, a rate of emissionsthat would equal or exceed

a corres~ondina rate listed inthe



### Nitrogen oxides Sulfurdioxide 

# IOzone table: 

### EMISSIONS RATE 

### 100tons peryear (tpy) 100bv 40tpy 40tpy 40tpy ofvolatileorganiccompounds or

subsection, significant means, in reference to an emissions increase or net emissions increase, a rate of emissionsthat exceeds the following: 1. Twenty-five (25)tons peryear of volatile organic compounds or nitrogen oxides in a serious or severe ozone nonattainment area; or 

### 2. Any increase in actual emissions of volatile organic compounds or nitrogen oxides in an extreme ozone nonattainmentarea. (f) For401 KAR 51:052, with the exception of the 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 monoxidethat equals or exceeds 

### fifty (50)tons per year in a 

### Lead nitrogenoxides

0.6tpy (e) For 401 

### KAR 51:052, with the exception 

### of the significant emissions rate for ozone in this401 KAR 51:OOl

serious nonattainment area for carbon monoxide in which a stationary source contributes significantlyto carbon monoxide levels. (219) "Significant emissions increase" means, for a regulated NSR pollutant, an increase in emissions that isequal to or greaterthanthe emission level that issignificant for that pollutant. (220) "Significant emissions unit" means an emissions unit that emits or has the potentialto 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 less than the amountthat would qualify the unit as a majoremissions unit. (221) "Small emissions unit" means an emissions unit that emits or hasthe potential to emit the PAL pollutant in an amount less than the PAL pollutant's applicable significant level as defined in subsection (218) of this section; or in 42 U.S.C. 7401 to 7671q, whichever is lower. (222) "SO2"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 of way. (224) "sq" means square. (225) "Stack or chimney" 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 or the emission control requirements necessary to complywith 401 KAR Chapter51. (227) "Standard conditions" means: (a) For source measurements, twenty (20) degrees Celsius (sixty-eight (68) degrees Fahrenheit) and a pressure of 760 mm Hg (29.92 in. of Hg). (b) For air quality determinations, twenty-five (25) degrees Celsius (seventy-seven (77) degrees Fahrenheit)and a reference pressure of 760 mm Hg (29.92 in. of Hg). (228) "Start-up" or "startupnmeans the setting in operation of an 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 bythe US. EPA. (230) "Stationary sourcew means a building, structure, facility, or installation that emits or may emit a regulated NSR pollutant. (231) "Submit" means to send or transmit a document, information, or correspondence in accordance with an applicable requirement. (232) "TAPPI" means Technical Association of the Pulp and Paper Industry. (233) "Temporary clean coal technology demonstration project" means a clean coal technology demonstration project operated for a period of five (5) years or less and that complies with the Kentucky SIP and with other requirements necessary to attain and maintain the national ambient air quality standards during and after the project isterminated. (234) "Ton" or "tonnage" means, for a NOx budget source, a short ton or 2,000 pounds. For determining compliance with the NOx budget emissions 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 accordancewith 40 C.F.R. Part 96, Subpart 

### Hwith any remainingfraction of a ton equal to or greater than 0.50 ton deemed to equal one (1)ton and any fraction of a ton less than 0.50 ton deemed to equalzero tons. (235) "Total suspended particulates" or "TSP" means particulate matter as measured by the method described in40 C.F.R. Part 50, Appendix B. (236) "tpy" meanstons peryear. (237) "TSSw meanstotal suspended solids. (238) "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 molecular forces. (239) "Unitwmeans a fossil fuel-fired stationary boiler, combustion turbine, or combined cycle system.(240) "Urban county" means a county that is a part of an urbanized area with a population greaterthan 200,000 based upon the 1980 census. If a portion of a county is a part of an urbanized
area, thenthe entire county is classifiedas urbanfor 401 KAR Chapters 50to 65. (241) "Urbanized area" means an area defined by the U.S. Department of Commerce, Bureauof Census. (242) "U.S. EPA" means the United States Environmental ProtectionAgency. (243) "UTM" means Universal Transverse Mercator. (244) "Visibility impairment" means a humanly perceptible change in visibility such as visual range, contrast, or coloration, from that which would have existed under natural conditions. (245) "Volatileorganic compound" or "VOC" isdefined in40 C.F.R. 51.100(s). (246) "yd" means yard.

Section

### 2. Incorporation by Reference. (1)The following material is incorporated by reference: (a) "Standard Industrial ClassificationManual," 1987, as published by the Office of Management and Budget; and (b) (2) This material may be inspected, copied or obtained, subject to applicable copyright law, at the following main and regional offices of the Kentucky Division for Air Quality during the normal working hours of 8 a.m. to 4:30 p.m., localtime: (a) Kentucky Division for Air Quality, 200 Fair Oaks Lane, 1st floor, Frankfort, Kentucky 40601- 1403, (502) 564-3999; (bj~shland Regional Office, 1550 Wolohan Drive, Suite 1, Ashland, Kentucky 41 102, (606) 929- 5285: (c) Bowling Green Regional Office, 1508 Westen 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, 643 Teton Trail, Suite B, Frankfort, Kentucky 40601, (502) 564- 3358; (f) Hazard Regional Office, 233 BirchStreet, Suite 2, Hazard, Kentucky 41701, (606)435-6022; (g) London Regional Office, 875 S. Main Street, London, Kentucky40741, (606) 330-2080; (h) Owensboro Regional Office, 3032 Alvey Park Drive, W., Suite 700, Owensboro, Kentucky 42303, (270) 687-7304; and (i) Paducah RegionalOffice, 130 Eagle Nest Drive, Paducah, Kentucky42003, (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. 6-24-92; 21 Ky.R. 1757; 2137; eff. 4-6-95; 22 Ky.R. 1691; 2014; eff. 6-6-96; 25 Ky.R. 1442; eff. 4-14-99; 27 Ky.R. 2557; 3270; 38 Ky.R. 367; eff. 8-15-2001; 29 Ky.R. 538; 1600; eff. 12-1 8-02: 30 Ky.R. 2176; 2487; 31 Ky.R. 34; eff. 7-14-04; 33 Ky.R. 197; eff. 1 1 

# - 8-06; eff. 2-5-10.)401 KAR 51:017

COMMONWEALTHOF KENTUCKY ENVIRONMENTALAND PUBLIC PROTECTIONCABINET

DEPARTMENT FOR ENVIRONMENTAL PROTECTION Divisionfor Air Quality

401 KAR 51:017. Preventionof significant deteriorationof air quality.

RELATESTO: 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 Dl 42 U.S.C. 7401 -7671q, 4321-437Od, 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 preventionof significant deterioration of ambient air quality. The provisions of this 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 of a
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)(l)(A)(ii)and (iii). (2) Except as othennrise provided inthis administrative regulation, the provisions of Sections 8 to 16of this administrative regulation shall applyto the constructionof a new major stationary source or

a major modification of an existing major stationary 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 of this administrative regulation, shall not begin actual construction without a proposed permit or proposed permit revision issued under 401 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) of this section, a project shall be a major modification for a regulated NSR pollutant only if the project causes a significant ' emissions increase and a significant net emissions increase as provided in paragraphs (a) and (b) of this 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 1 to 3 of this paragraph. 1. Actual-to-projected actual applicability test for projects that only involve existing emissions units. A significant emissions increase of a regulated NSR pollutantshall be projectedto occur if the

sum of the difference between the projected actual emissions and the baseline actual emissionsfor each existing emissions unit equals or exceeds the significant amount for that 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 amountfor that 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 if the sum of the emissions increases for each emissions unit, using a method specified in subparagraphs 1 and 2 of this paragraph as applicable for each emissions unit, equals or exceeds the significant amount for that pollutant. (b) Prior to beginning actual construction and after completing the applicable procedure established in paragraph (a) of the subsection, the owner or operator shall determine for each regulated NSR pollutant if a significant net emissions increase will occur pursuant to 401 KAR 51:001, Section l(144) and (218). (5) For a plant-wide applicability limit (PAL) for a regulated NSR pollutant at a major stationary
source, the owner or operator of the major stationary source shall comply with the applicable401

### KAR 51:017

requirements of Section20 of this administrative regulation.

Section 2. Ambient Air Increments. (1) In areas designated as Class I or II, increases in shall be limited to the following levels:

Increase (Micrograms per cubic meter) 

## I Class 

### I 

## I

Particulate Matter: PMlo, annual 14

maximum 

# I

Sulfur Dioxide: arithmeticmean PMlo, 24-hour

Annual arithmetic 12 

### 8



### I mean 

### I I 

# I 24-hour maximum I 

## Is 

# 1 I 3-hour maximum 

### ( 25 

# I

Nitrogen Dioxide:
Annual arithmetic 

# 1 2.5 

## I mean 

## I I

arithmetic mean PMlo, 24-how maximum Sulfur Dioxide:
Annual arithmetic

mean 

## I

24-hour maximum 

### 191
3-hour maximum 1512 

# I

Nitrogen Dioxide:
Annual arithmetic 

# 1 25 

## 1

mean 

## I 

## I (2) For any period other than 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 under the national primary ambient air quality standard, whichever concentration is lower for the pollutant for a periodof exposure.

Section 

### 4. Restrictions on Area Classifications. (1) The following areas, which were in existence on August 7, 1977, shall be Class 

### Iareas and shall not be redesignated: (a) Internationalparks; (b) Nationalwilderness areas and nationalmemorial parksthat exceed 5,000 acres in size; and401 KAR 51:017

(c) Nationalparksthat 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 in40 C.F.R. 51.166(g). (3) The visibility protection requirements of this administrative regulation shall apply only to

sourcesthat may impact a mandatory Class Ifederal area. (4)The following areas may be redesignated only as Class I or 

### II: (a) An area that as of August 7, 1977, exceeded 10,000 acres in size and was a national monument, a national primitive area, a national preserve, a national recreationalarea, a national wild and scenic river, a national wildlife refuge, a national lakeshoreor seashore; and (b) A national park or national wilderness area established after August 7, 1977, which exceeds 10,000 acres insize.

Section 

### 5. Exclusions from Increment Consumption. (1) Pursuantto notice and opportunity for at least one (1) public hearing to be held in accordancewith procedures established in 401 KAR 52:100, the cabinet may exclude the following concentrations in determining compliance with a maximumallowable increase: (a) Concentrations attributable to the increase in emissions from stationary sources that have converted from the use of petroleum products, natural gas, or both by reason of an order in effect undera federal statute or regulation over the emissions from these sources before the effective date of the 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 pursuant to a federal statute overthe emissions from those sources beforethe effective date of the plan; (c) Concentrations of particulate matter attributable to the increase in emissions from construction or othertemporary emission-related activitiesof new or modifiedsources; and (d) Concentrations attributable to the temporary increase in emissions of sulfur dioxide, particulatematter, or nitrogen oxides from stationary sources affected by plan revisions approved by the Administrator of the U.S. EPA as meeting the criteria established in subsection (3) of this section. (2)(a) Exclusion of concentrations shall not apply more than five (5) years after the effective date of the order to which subsection (l)(a) of this section refers or the curtailment plan to which subsection (l)(b) of this 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 afterthe later of the two (2) effectivedates. (3) For excluding concentrations pursuantto subsection (l)(d)of this 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 longer time is approved by the U.S. EPA; (b) The time period for excluding certain contributions in accordance with paragraph (a) of this subsection shall not be renewable; (c) An emissions increase from a stationary source shall not occur that will: 1. Impact a Class 

### Iarea or an area inwhich an applicable increment is knownto be violated; or 2. Cause or contribute tothe violationof a nationalambientair quality standard; and (d) Limitations shall be in effect at the end of the time period established in paragraph (a) of this subsection, which ensure that the emissions levels from stationary sources affected by the SIP revision shall not exceed the levelsoccurring from those sources before the revisionwas 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 of the stack height of a source as exceeds good engineering practice; or (b)Another dispersiontechnique. (2) Subsection (1) of this section shall not apply to stack heights in existence before December 31, 1970, orto dispersiontechniques implemented beforethen.

Section 7. Exemptions. (1) Sections 8 to 16 of this administrative regulation shall not applyto a particularmajor stationary source or majormodification, if:401 KAR 51:017

(a)The owner or operator: 1. Obtained the necessary federal, state, and local preconstruction approval effective before September22,1982; 2. Commenced construction before September22,1982; and 3. Did not discontinue constructionfor a period of eighteen (18) months or more. (b) 1. The major stationary source is a nonprofit health institution, a nonprofit educational institution,or a major modificationat such an institution; and 2. The Governor of the Commonwealth of Kentucky requests that it be exempt from those requirements. (c) The source or modification is 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 belongto any of the following categories: 1. coal cleaning plantswith thermal dryers; 2. Kraft pulp mills; 3. Portland cement plants; 4. Primary zinc smelters; 5. Ironand steel mills; 6. Primary aluminum ore reductionplants; 7. Primary copper smelters; 8. Municipal incineratorscapable of charging more than 250 to 9. Hydrofluoric, sulfuric, or nitric acid plants; 10. Petroleum refineries; 11. Lime plants; 12. Phosphate rock processing plants; 1

3. Coke oven batteries; 14. Sulfur recovery plants; 15. Carbon black plants, furnace process; 16. Primary leadsmelters; 17. Fuel conversion plants; 18. Sintering plants; Insof refu Ise perday;

19. secondary metal productionplants; 20. Chemical process plants, except ethanol production facilities producing ethanol by natural fermentation under the North American Industry Classification System (NAICS) codes 325193 or 312140; 21. Fossil-fuel boilers, or combination of fossil-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 plantsof morethan 250 million BTUs per hour heat input; or 27. Another stationary source category that



### ,as of August 7, 1980, is being regulated under 42 U.S.C. 7411 or 7412. (d) The source or modification is a portable stationary source that has previously received a permit underthis administrative regulation; and 1. The owner or operator proposesto relocatethe source, and the emissions of the source at the

new locationwill be temporary; 2. The emissions from the sourcewill not exceed itsallowable emissions; 3. The emissions from the source 

### will not impact a Class 

### Iarea or an area where an applicable increment is knownto be violated; and 4. a. Reasonable notice is given to the cabinet prior to the relocation identifying the proposed

new location and the probabledurationof operation atthe new location. 

### b. 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 subsection.

4(e) The source or modification was not subject to this administrative regulation with respect to particulatematter requirements ineffect before July 31, 1987, and the owner or operator: 1. Obtained all final federal, state, and local prewnstruction approvals or penits necessary under the applicable SIP before July 31, 1987; 2. Commencedconstructionwithin eighteen (1 8) months after July 31, 1987; and 3. Did not discontinue constructionfor a period of eighteen (18) months or more and completed construction within a reasonable period of time. (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 or operator submitted an application for a permit under the 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 ineffect. (2) Sections 8 to 16 of this administrative regulation shall not apply to a major stationary source

or major modification for a particular pollutant if the 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)(l)(A)(i). (3) Sections 9, 11, and 13 of this administrative regulation shall not apply to a proposed major stationary source or major modification for a particular pollutant, if the allowable emissions of that pollutantfrom the source, or the net emissions increaseof that 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 of this administrative regulation, as applicable to a maximum allowable increasefor a Class II area, shall not apply to a major modification at a stationary source that was in existence on March I, 1978, ifthe net increase in allowable emissions of each regulated NSR pollutant from the modification after the application of BACTwill be lessthan fifty (50) tons per year. (5) The cabinet may exempt a proposed major stationary source or major modification from the monitoring requirements of Section 11of this administrative regulation for a particular pollutant, if: (a) The emissions increaseof the pollutant from the new source or the net emissions increase of the pollutant from the modification will cause air quality impacts in an area, which are less than the amounts listed inthe followingtable; or

monoxide Nitrogen dioxide
Particulate

dioxide Ozone Air Quality 

# 1 Averaging Level


### 575 pg/m3 Time
8-hour average

14 pg/m3

average A de minirnisair quality level is
not providedfor ozone. annual average

PMlo 13 dm3



# m ow ever, a net increase of

### 100

tons peryear or moreof volatile organic compoundsor nitrogen oxides subject to this average 24-hour

administrative regulationshall be requiredto paform an ambient imuact analysisincludingthe gatheringof ambient air quality data.

I Lead 

# I 0.1 &m3 

# I 3-month

Fluorides

Hydrogen

(b) The concentrations of the pollutant in the area that the source or modification will affect are less than the concentrations listed in the table in paragraph (a) of this subsection, or the pollutant is not listed inthe table. (6) Permitting requirements equivalent to Section 9(2) of this administrative regulation shall not applyto a stationary source or modification for a maximum allowable increasefor nitrogenoxides, if: (a) The owner or operator of the source or modification submitted an application for a permit or permit revision under the applicable permit program before the date on which the provisions embodyingthe maximumallowable increasetook effectinthe Kentucky SIP; and (b) The cabinet subsequently determinedthat the applicationas submitted before that date was complete. (7) Permitting requirements equivalent to Section lO(2) of this administrative regulation shall not applyto a stationary source or modificationfor a maximumallowable increasefor PMlo, 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 increasesfor PMio took effect as part of Kentucky's SIP; and (b) The cabinet subsequently determined that the application as submitted before that date was complete. (8)(a) The cabinet may determine that the requirements for air quality monitoring of PMlo in Section 11of this administrative regulation shall not applyto a particularsource or modification, if: 1. The owner or operator of the source or modification submitted an application for a permit underthis section on or before June I, 1988; and 2. The cabinet subsequently determines that the application as submitted before that date was complete, except for the requirementsfor monitoring particulate matter specified in Section 11of this administrative regulation. (b) The requirements for air quality monitoring of PMlo in Section 11 of this administrative regulation shall apply to a particular source or modification if the owner or operator of the source or modification submitted an application for a permit under 40 C.F.R. 52.21 or this administrative regulation after June 1, 1988, and not later than December 1, 1988. 1. The data shall have been gathered over at leastthe period from February 1, 1988, to the date the application becomes complete in accordance with Section 11 of this administrative regulation; and2. If the 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 of this administrative regulation requires shall have been gathered over that shorter period. 0.25 pg/m3

sulfide
Total average 24-hour

0.2 dm3 average 1

-hour average

10 clg/m3 

### 1-hour average401 KAR 51:017

(9) If the owner or operator of the source or modification submitted an application for a permit under40 C.F.R. 52.21 or this administrative regulation before the date the provisions embodying the maximum allowable increasesfor PMlo took effect and the cabinet subsequently determinedthat the application as submitted before that date was complete, the requirements of Section 9(2) of this administrative regulation shall: (a) Not apply to a stationary source or modificationfor a maximum allowable increase for PMlo; and(b) Apply for the maximum allowable increases for TSP as in effect on the day the application was submitted.

Section 8. Control Technology Review. (1) A major stationary source or major modification shall meet each applicable emissions limitation under the Kentucky SIP and each applicable emissions standardand standard of performance pursuantto 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 potentialto emit in significant amounts. (3) A major modification shall apply BACT: (a) For each 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 physicalchange or change inthe method of operation of the unit. (4) For phased construction projects: (a) The cabinet shall review and modify, as appropriate, the BACT determination at the latest reasonable time occurring not later than eighteen (18) months prior to commencement of construction of each independentphase of the project; and (b) If requested by the cabinet, the owner or operator of the applicable stationary source shall demonstrate the adequacyof a previous BACTdeterminationfor the 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 or contribute to air pollution inviolation of: (1)A national ambient air quality standard in an airquality control region; or: (2)An applicable maximumallowable increaseover the baseline concentration inany 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, "Guidelineon Air Quality Models," Appendix A." (2) If an air quality model specified in 40 C.F.R. Part 51, AppendixW, is inappropriate,the model may be modified or another model substituted. (a)The use of a modified or substitute model shall be: 1. Subjectto notice and opportunityfor public comment under401 KAR 52:100; and 2. Approved inwriting by the U.S. EPA pursuantto 40 C.F.R. 51.166(1). (b) Methods similar to those outlined in the "Workbook for the Comparison of Air Quality Models," specified in 401 KAR 50:040, Section 1(3), shall be used to determine the comparability of air quality models.

Section 11. Air QualityAnalysis. (1 ) Preapplication analysis. (a) An application for a permit or permit revision under 401 KAR 52:020 and this administrative regulationshall contain an analysis of ambient air quality inthe area that the major stationary source or major modificationwill affectfor each of the following: 

### 1. For a source, each pollutant that the source will have the potential to emit in a significant amount; 2. For a modification, each pollutantthat the modificationwill result ina significant net emissions increase.(b) For a pollutant that does not have a national ambient air quality standard, the analysis shall contain air quality monitoringdata the cabinet determines necessary to assess ambient air quality for that pollutant inan areathat the emissions of that pollutant

### will affect. (c) For pollutants, other than nonmethane hydrocarbons, for which a standard exists, the analysis shall contain continuous air quality monitoring data gathered to determine if emissions of that pollutantwill cause or contribute to a violation of the standard or a maximumallowable increase. (d) 1. The required continuous air quality monitoringdata shall have been gathered over a period of at leastone (1)year and shall represent at leastthe year preceding receipt of the application. 2. If the cabinet determines that a complete and adequate analysis may be accomplishedwith monitoringdata gathered over a period shorter than one (1) year, that period shall be not less than four (4) months. (e) For analysis of volatile organic compounds, the owner or operator of a proposed major stationarysource or major modificationwho satisfiesall conditions of 40 C.F.R. Part 51, Appendix S, section IV may provide postapproval monitoring data for ozone instead of providing preconstruction data as requiredinthis section. 

### (f) For air quality monitoring of PMlo under Section 7(8)(a) and (b) of this administrative regulation,the owner or operator of the 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 concentrationsof PMlo using the data collected by that approved monitoring method in accordance with estimatingprocedures approved bythe cabinet pursuantto 40 C.F.R Part 58, Appendix A. (2) Postconstruction monitoring. After construction of a major stationary source or major modification, the owner or operator shall conduct ambient monitoringthat the cabinet determines is necessaryto determine the effect emissions from the stationary source or modification may have, or

are having, on air quality inan 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 meet the requirements of 40 C.F.R. Part58, Appendix A to satisfy the air quality analysis requirements of this section.

Section'12. Source Information. The owner or operator of a proposed source or modification shall submit to the cabinet all information necessaryto performan analysis or make a determination required underthis administrative regulation. (1)The informationshall include: (a) A description of the nature, location, design capacity, and typical operating schedule of the

source or modification, includingspecifications and drawings showing its design and plant layout; (b)A detailedschedulefor constructionof the source or modification; and (c)A detaileddescription of the system of continuous emissions reduction planned for the source

or modification, emissions estimates, and any information necessaryto determine that BACT will be applied. (2) Upon request of the cabinet, the owner or operatorshall also provide information on: (a) The air quality impact of the source or modification, including meteorological and topographicaldata necessaryto estimate the impact; and (b) The air quality impacts and the nature and extent of general commercial, residential, industrial, and other growth that has occurred since August 7, 1977, in the area the source or modificationwill affect.

Section 13. Additional ImpactAnalysis. (1)The owner or operator shall provide an analysis of the impairmentto visibility, soils, and vegetationthat will occur as a resultof: (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 of the impact on vegetation not havingsignificant commercialor recreationalvalue. (3) The owner or operator shall provide an analysis of the air quality impact projected for the

area as a result of general commercial, residential, industrial, and other growth associated with the

source or modification.

8(4)Visibility monitoring. (a) Ifthe cabinet requires monitoring of visibility in a Class Iarea impacted by the proposed new stationary source or major modification, the monitoringshall be performed using: 1. Humanobservations; 2. Teleradiometers; 3. Photographiccameras; 4. Nephelometers; 5. Fine particulatemonitors; or 6. Other U.S. EPA-approved methods. (b)The method selected shall be determinedon a case-by-case basis by the cabinet pursuantto 40 C.F.R. 51.l66. (c) Visibility monitoring required by the cabinet in a Class Iarea 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 

### IAreas; Additional Requirements. (1) Notice to U.S. EPA and federal land managers. The cabinet shall provide: (a)Written noticeto the U.S. EPA, the federal land manager, and the federal official chargedwith direct responsibility for management of lands within a Class I area of a permit application for a proposed major stationary source or major modificationthat may affectthe Class Iarea. (b) Notice promptlyafter receiving the permit application. The notice shall: 1. Include a copy of all information relevantto the permit application; 2. Be given within thirty (30)days of receipt and at least sixty (60)days priorto the public hearing

onthe application for a permitto construct; and 3. Include an analysis of the proposed source's anticipated impacts on visibility in the Class I

area. (c) The cabinet shall also provide the federal land managerand otherfederal officials with a copy of the 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 receiptof an advanced notificationof the permitapplication. (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 of the lands and to consider, in consultation with the cabinet, if a proposed source or modificationwill have an adverse impact on those values. (3)Visibilityanalysis. (a) The cabinet shall consider an analysis performed by the federal land manager, which is providedwithin thirty (30) days of the notice and analysis required by subsection (1) of this section, which shows that a proposed new major stationary source or major modification may have an adverse impact on visibility ina Class Iarea. (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; impacton air quality relatedvalues. (a) The federal land manager of lands located in a Class Iarea may demonstrateto 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 modificationwill not cause or contribute to concentrationsthat will exceedthe maximumallowable increasesfor a Class Iarea. (b) If the cabinet concurs with the demonstration specified in paragraph (a) of this subsection, the cabinetshall not issuethe permit or permit revision. (5) Class Ivariances. (a) The owner or operator of a proposed source or modification may demonstrate to the federal land managerthat the emissions from the source or modification will not have adverse impacton the401 KAR 51:017

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 Section2(1) of this 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 concentrationfor the pollutantsas specified in Section2(1) ofthis administrative regulation

### if: 1. The federal land manager concurs with the demonstration specified in paragraph (a) of this subsection and certifiesaccordingly; and 2. The other applicable requirementsof this administrative regulation are met. (6) Sulfurdioxide variance by governorwithfederal land manager'sconcurrence. (a) The owner or operator of a proposed source or modification, which cannot be approved under subsection (5) of this section because the source cannot be constructed without exceeding a maximum allowable increase in sulfur dioxide applicableto a Class Iarea 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 adverselyaffectthe visibility or other air quality relatedvalues of the 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 a variance 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 if the other applicable requirements of this administrative regulation are met. (7)Variance by the governor with 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 of the governor and the federal land manager shall be transmitted to the President of the United States of America. (b) If the variance is approved by the President, the cabinet shall issue a permit or permit revision in accordance with the requirements of 401 KAR Chapter 52, if the other applicable requirements of this administrative regulationare met. (8) Emissions limitations for presidentialor gubernatorial variance. For a permit or permit revision issued pursuantto subsections (6) or (7) of this section, the source or modification shall comply with the emissions limitationsnecessaryto 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 inthe followingtable; and 

## [ MaximumAllowable Increase 

# I

(Micrograms per cubic meter) 

## 1 Terrain areas



## I3-hour maximum 

## 1 1 30 

## 1 221 

# I PeriodofExposure
24-hour maximum

! I (b) Emissions shall not cause or contribute to concentrations that exceed other applicable maximum allowable increasesfor periods of exposure of twenty-four (24) hours or lessfor morethan

a total of eighteen (18)days that are not necessarily consecutive during an annual period.

Section 

### 15. Public Participation. The cabinet shall follow the applicable procedures of 401 

### KAR 52:100,40 C.F.R. 51.166(q), and this administrative regulation in processing applications under this administrative regulation. Low
36

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 High
62construct and operate the source or modification in accordance with the application submitted to the cabinet under this administrative regulation and 401 KAR 52:020 or under the terms of an approval to construct. (2)(a)Approval to constructshall become invalid ifconstruction: 1. Is not commencedwithin eighteen (1 8) months after receipt of the approval; 

### 2. Isdiscontinuedfor a period of eighteen (18) months or more; or 3. Is not completedwithin a reasonabletime. (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 of the approved phases of a phased construction project; and 2. Each phase shall commence construction within eighteen (18) months of the projected and approved commencementdate. (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, or federal law. (4) If a particular source or modification becomes a major stationarysource 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 not yet commenced on the source or modification. @)(a)The provisions of this subsection shall apply to projects at existing emissions units at a major stationary source otherthan projects at a sourcewith a PAL, if: 1. There is a reasonable possibility that a project that is not part of a major modification may result ina significant emissions increase; and 

### 2. The owner or operator elects to use the method specified in 401 KAR 51:001, Section 1 (1

99)(b) to calculate projectedactual emissions.

(b) Before beginning actual construction of a projectspecified in paragraph (a) of this subsection, the owner or operator shall document and maintain a record of the following information: 1. A description of the project; 2. Identificationof the emissions unitsfor which emissions of a regulated NSR pollutant could be affected by the project; and 3. A description of the applicability test used to determine that the project is not a major modification for any regulated NSR pollutant, including:

a. Baseline actualemissions; b. Projected actual emissions; c. Amount of emissions excluded in calculating projected actual emissions and an explanation forwhy that amountwas excluded; and d. Any applicable nettingcalculations. (c) For a projectspecified in paragraph (a) of this subsection,the owner or operator shall: 1. Monitor the emissions of any regulated NSR pollutant that could increase as a result of the project and that are emitted by any emissions unit identifiedin paragraph(b)2of this subsection; and 

### 2. Calculate and maintain a record of the annual emissions, in tons per year on a calendar year basisfor:

a. Five (5)yearsfollowing resumption of regular operations after the change; or b. Ten (10) years following resumption of regular operations after the change if the project increases the design capacity or potential to emit of the regulated NSR pollutant at the emissions unit. (d) If the emissions unit is an existing EUSGU, before beginning actual construction, the owner

or operator: 1. Shall provide a copy of the information in paragraph (b) of this subsectionto the cabinet, but shall not be requiredto 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) of this subsection that reports the unit's annual emissionsduringthe calendar year that preceded submissionofthe report.401KAR 51:017

(e)l. For an existing unit other than an EUSGU, the owner or operator 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 exceeds the baseline actual emissions, as documented and maintained pursuant to paragraph (b)3 of this subsection, by a significant amountfor that regulated NSR pollutant; and b. The emissions differ from the preconstruction projection as documented and maintained pursuantto paragraph (b)3of this subsection. 2. The report shall be submitted within sixty (60) days after the end of the year during which records are required to be generated under paragraph (b) of this subsection and shall contain the following:

a. The name, address, and telephone numberof the major stationarysource; b. The annual emissions as calculated pursuantto paragraph(c) of this subsection;and c. Any other informationthat the owner or operatorwishes to include inthe report. (f) The owner or operator of the source shall make the information required to be documented and maintained under to this subsection available for review upon request for inspection by the cabinetor the general public pursuantto 401 KAR 52:lOO.

Section 17. Environmental Impact Statements. If a proposedsource or modification is subject to action by a federal agency that may necessitate preparation of an environmental impactstatement 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 underthat Act and under42 U.S.C. 7609to the maximum extent feasible and reasonable.

Section 18. Innovative Control Technology. (1) An owner or operator of a proposed major stationary source or major modification may makewritten request that the cabinet approve a system of innovativecontroltechnology. (2) The cabinet may, with the consent of the governors of other affected states, determine that the source or modificationmay employ a system of innovativecontroltechnology if: (a) The proposed control system will not cause or contribute to an unreasonable risk to public health, welfare, or safety in itsoperation or function; (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) of this administrative regulation by a date, specified by the cabinet that is not later than four (4) years from the time of start-up or seven (7)yearsfrom permit issuance; (c) The source or modificationshall meet requirements equivalentto 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 modificationshall not before the date specified bythe cabinet: 1. Cause or contribute to a violationof an applicable nationalambient air quality standard; or 2. Impactan area inwhich an applicable incrementis knownto be violated; (e) Section 14 of this administrative regulation relating to Class Iareas has been satisfied for all periodsduring the life of the source or modification; and (f)All other applicable requirements including thosefor public participation have been met. (3) The cabinet shallwithdraw approvalto employ a system of innovativecontroltechnology 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 contributesto an unreasonable risk to public health, welfare, or safety; or (c) The cabinet decides that the proposed system is unlikely to achieve the required level of control orto protectthe public health, welfare, or safety. 

### (4) If a source or modification fails to meet the required level of continuous emissions reduction within the specified time periodor the approval iswithdrawn inaccordancewith subsection (3) of thissection, the cabinet may allow the source or modification up to an additional three (3) years to meet the requirementfor the application of BACTthrough use of a demonstrated system of control.

Section 

### 19. Permit Condition Rescission. (l)(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 requestthat the cabinet rescindthe applicable conditions. (b) An owner or operator of a stationary source or modificationwho holds a permit for the source

or modification that was issued under this administrative regulation as in effect on July 30, 1987, or

an earlierversion of this administrative regulation, may requestthat the cabinet rescind the permit or a particularportion of the permit. (2) The cabinet shall rescind a permit condition if requestedand ifthe applicant can demonstrate to the satisfactionof the cabinet that this administrative regulationdoes not apply to the source or modificationorto a portion of the source or modification.

Section 20. Plant-wideApplicability Limit Provisions. The cabinet shall only approve the use of an actuals PAL (PAL) for an existing major stationary source ifthe PAL meetsthe requirements of this section. (1) General provisions. (a) An owner or operator may execute a project without triggering major NSR, if the source maintains its total source-wide emissions below the PAL level, meets the requirements in this section, and complieswiththe PAL permit. Ifthese conditions are met, a project: 1. Shall not be considereda major modificationfor the PAL pollutant; 2. Shall not haveto be approvedthrough Kentucky's major NSR program; and 3. Shall not be subject to the provisions of Section 16(4) of this administrative regulation concerning restrictions on relaxing enforceable emission limitations that a major stationary source usedto avoid applicability of the major NSR program. (b) Except as provided under subparagraph (l)(a)3 of this section, a major stationary source shall continue to comply with all applicable federal or state requirements, emissions limitations, and work practice requirements that were established priorto the effective date of the 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 of an application for a permit or permit revision requestinga PAL: (a)A list of all emissions units at the source designated as small, significant, or major, based on their potential to emit; (b) Identificationof the federal and state applicable requirements, emissions limitations, andwork practice requirementsthat applyto each emissions unit; (c) Calculations of the baseline actual emissions for the emissions units with supporting documentation, including emissions associatedwith 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) of this section. (3) Establishing a PAL. The cabinet shall establish a PAL at a major stationary source in a federallyenforceable permit pursuanttothe requirementsof this section. (a)The PAL shall imposean annual emissions limitationintons peryearthat is enforceable as a practical matterforthe entire major stationary source. 1. For each month during the PAL effective period after the first twelve (12) months of establishing a PAL, the owner or operator shall demonstratethat the sum of the monthly emissions from each emissions unit under the PALfor the previous twelve (12) consecutive months is lessthan 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 datefor each emissions unit underthe PAL is lessthanthe PAL. (b)The PAL shall be established ina PAL permitthat: 1. Meetsthe public participation requirements insubsection (4)of this section; and 2. Contains allthe requirementsof subsection (6)of this section.401 KAR 51:017

(c) A PAL shall include fugitive emissions, to the extent quantifiable, from all emissions unitsthat emit or have the potential to emit the PAL pollutant atthe major stationarysource. (d) Each PAL shall regulate emissions of only one (1) pollutant. (e) Each PAL shall have a PAL effective period of ten (1 0) 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 (1 1)to (13) of this section for each emissions unit underthe PALthrough the PAL effective period. (g) Emissions reductions of a PAL pollutant that occur during the PAL effective period shall not becreditableas decreases for offsets under 40 C.F.R. 51.165(a)(3)(ii), unless: 1. The level of the PAL is reduced bythe amount of the emissions reductions;and 

### 2. The reductionswill be creditable inthe absence of the PAL. (4) Public participation requirements. PALS for existing major stationary sources shall be established, renewed, or increased pursuantto this subsection and the applicable proceduresof 401 KAR 52:lOO. The cabinet shall: (a) Provide the public with notice of the proposed approval of a PAL permitwith at least a thirty (30) day periodfor submittal of publiccomment; and (b)Address all materialcomments before taking final actionon a PAL permit or permit revision. (5) Settingthe ten (10)year PAL level. (a)The PAL levelfor a major stationary source shall be the sum of the baseline actual emissions of the PAL pollutantfor 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 definitionfor "significant" in 401 KAR 51:001, Section 1or under 42 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 shutdown after the chosen twentyfour (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 addedto the PAL level in an amount equal to the potentialto 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 of prior to issuance of the PAL permit. (6) Contents of the PAL permit. The PAL permit shall contain the following information: (a)The PAL pollutantand the applicable source-wide emissions limitationintons peryear; (b) The PAL permit effective date and the expirationdate of the 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) of this section beforethe end of the PAL effective period, the PAL shall remain ineffect until a revised PAL permit is issued bythe 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 subject to the requirements of subsection (8) of this 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 totalfor each month as required by subsection (12)(a) of this section; (g) A requirementthat the major stationary source owner or operator shall monitor all emissions units inaccordancewith the provisions in subsection (12)ofthis section; (h) A requirement that the owner or operator shall retain the records required under subsection (12) ofthis sectionon site. Records may be retained inan electronicformat; (i) A requirementfor the owner or operator to submit the reports required under subsection (13) of this section bythe requireddeadlines; and (j)Any requirements necessaryto implement and enforce the PAL. (7) PALeffective periodand reopeningof a PAL permit.

14(a) A PALeffective period shall beten (10)years. (b)The cabinet shall reopen a PAL permitto: 1. Correct typographicalor calculationerrors made insettingthe PAL; 2. Reflecta more accurate determinationof emissions usedto establish the PAL; 3. Reduce the PAL if the owner or operator of the major stationary source creates creditable emissions reductionsfor use as offsets under 40 C.F.R. 51.165(a)(3)(ii); or 

### 4. Revise the PALto reflect an increase inthe PALaccordingto subsection (10)of this section. (c) The cabinet may reopen the PAL permit, duringthe PAL effective period,to: 1. Reduce the PAL to reflect newly applicable federal requirementswith compliance dates after the PAL effective date; 2. Reduce the PAL consistent with any requirement enforceable as a practical matter and imposedon the majorstationary source underthe SIP; and 3. Reduce the PAL if the cabinet determines that a reduction is necessary to avoid causing or contributing to:

a. A NationalAmbient Air Quality Standard (NAAQS)or PSD increment violation; or b. An adverse impacton visibility or anotherair quality relatedvalue that has been identified for a federal Class Iarea by a federal land manager and for which information is available to the general public. 

### (d) All permit reopenings shall be carried out under the public participation requirements of subsection (4) of this section except for permit reopeningsto correct typographical or calculation of errors that do not increase the PAL level. (8) Expiration of a PAL. A PAL that is not renewed shall expire at the end of the PAL effective period, and the requirements of this subsection shall then apply. (a) Each emissions unit, or each group of emissions units, that existed under the PAL shall complywith an allowable emissions limitations undera revised permit established as follows: 1. An owner or operator of a 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 unitsthat existed under the PAL.

a. This proposal shall be submitted to the cabinet at least six (6) months before the expiration of the 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) of this section, distribution of allowable emissions shall be made as ifthe PAL has been adjusted. 2. The cabinet shall decide the date and procedure the owner or operator shall use to distribute the PAL allowable emissions. 3. The cabinet shall issue a revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, asthe cabinet determines isappropriate. (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 continueto comply with a source-wide, multiunitemissions cap equivalentto the level of the PAL emissions limitation until the cabinet issues the revised permit incorporating allowable limitsfor each emissions unit or each group of emissions units. (d) A major modification at the major stationary 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 limitationsestablished pursuant to Section 16(4) of this administrative regulation. (9) Renewal of a PAL. (a) Public participation requirements. 1. The cabinet shall follow the public participationprocedures specified in subsection (4) of this section inapproving a requestto renew a PALfor a major stationary source.2. The cabinet shall provide a written rationale for the proposed PAL level for public review and comment. 3. Any person may propose a PAL level for the 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 earlier than eighteen (18) months before permit expiration. 

### 2. The deadline for application submittal shall ensure that the permit shall not expire before the permit is renewed. 3. If a complete application for renewal is submitted within the timeframe specified in subparagraph 1of this paragraph,the PAL shall continueto be effective untilthe revised permit with the renewed PAL is issued. (c)Application requirements. The application to renew a PAL permit shall contain: 1. The information required insubsection (2)of this section; 2. A proposed PAL level; 3. The sum of the potential to emit of all emissions units under the PAL with supporting documentation; and 4. Any other information the owner or operatorwishes the cabinet to consider in determiningthe appropriate levelto renewthe PAL. (d) PAL adjustment. 1. A PAL shall not exceed the source's potential to emit. The cabinet shall adjust the PAL downward ifa source's potentialto emit hasdeclined belowthe PAL level. 2. The cabinet may renew the PAL at the same level as the current PAL if the sum of the 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 of the current PAL level, unless the

sum isgreaterthanthe source's potential to emit. 3. If the sum of the baseline actual emissions for all emissions units at the source plus an amount equal to the significant level is less than eighty (80) percent of the current PAL level, the cabinet mayset the PALat a different level ifthe level is determinedto be:

a. More representative of the source's baseline actual emissions; or b. Appropriate consideringthe followingfactors: (i)Air quality needs; (ii)Advances in control technology; (iii)Anticipated economicgrowth inthe area of the source; (iv)The cabinet's goal of promoting voluntary emissions reductions; (v) Cost effectiveemissionscontrol alternatives; and (vi) Otherfactors as specifically identified bythe cabinet in itswritten rationalefor setting the PAL level. 4. The cabinet shall not approve a renewed PAL level higher than the current PAL, unless the majorstationary source has compliedwith the provisionsof subsection (1 0) of this section. (e) The PAL shall be adjusted in conjunction with PAL permit renewal or Title 

### V permit renewal, whichever comes first, if: 

### 1. The compliance date for a state or federal applicable requirement that applies to the PAL source occurs during the PALeffective period; and 

### 2. The cabinet has not alreadyadjusted for the requirement. (10) Increasing a PAL during the PAL effective period. The cabinet may increase a PAL emissions limitation during the PAL effective period if the major stationary source complies with the provisionsof this subsection. (a) Application procedures. To request an increase inthe PAL limitfor a PAL major modification, the owner or operator of the major stationary source shall submit a complete application, which shall include: 1. Identification of the emissions units contributing to the increase in emissions that cause the source's emissionsto equal or exceed its PAL;

### 2. Demonstration that the increased PAL, as calculated in paragraph (c) of this 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 requirementthat was establishedwithin the precedingten (10)years; b. If an emissions unit currently complieswith BACT or LAER, the assumed control level for that emissions unit shall be equal to the current levelof BACT or LAER for that emissions unit; and 3. A statementthat the increased PAL level shall be effective on the day any emissions unit that is part of the PAL major modification becomesoperational and beginsto 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 for the PAL major modification. 1. A significant level shall not apply in deciding for which 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 resultingfrom the major NSR process, even though the units shall also become subject to the PAL or shall continueto be subjectto the PAL. (c) Calculation of increased PAL. The cabinet shall calculate the new PAL as the sum of the allowable emissions for each modified or new emissions unit, plus the sum of the baseline actual emissions of the significant and major emissions units assuming application of BACT equivalent controls, plus the sum of the baseline actual emissionsof the small emissions units. (d) Public notice requirement. The public notice requirements of subsection (4) of this section shall be followed during PAL permit revision for an increased PAL level. (11) Monitoring requirementsfor PALS. (a) General requirements. 1. Each PAL permit shall contain enforceable requirements for the chosen monitoring system that accurately determines plant-wide emissions of the PAL pollutant in terms of mass per unit of time; 2. A monitoringsystem authorizedfor use inthe PAL permit shall be:

a. Approved by the cabinet pursuantto this subsection; and b. Based on sound science and meet generally acceptable scientific proceduresfor data quality and manipulation; 3. The data generated by a monitoring system shall meet minimum legal requirements for admissibility ina judicial proceedingto enforce the PAL permit; 4. The PAL monitoring system shall employ one (1) or more of the four (4) general monitoring approaches meeting the minimum requirements set forth in paragraph (b) of this subsection; 5. The cabinet may approve an alternative monitoring approach that meets the requirements of subparagraphs 1 to 3 of this paragraph; and 6. Failureto use a monitoring system that meetsthe requirements of this section shall render the PAL invalid. (b) Minimum performance requirements for approved monitoring approaches. If conducted in accordance with the minimum requirements in paragraphs (c) to (i) of this subsection, the following shall be acceptable monitoring approaches: 1. Mass balancecalculations for activities usingcoatings 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 of validating the published content of the PAL pollutant contained inor created by all materials used inor at the emissions unit; 

### 2. If the PAL pollutant cannot be accounted for in the process, assume that 

### the emissions unit emits all of the PAL pollutant contained in or created by any raw material or fuel used in or at the emissions unit; and3. If the vendor of the material or fuel from which the pollutant originates publishes a range, use the highest value of the published range of pollutant content to calculate the PAL pollutant emissions, unless the cabinet determines there is site-specific data or a site-specific monitoring programto support another pollutantcontent within the range. (d) CEMS. An owner or operator using CEMS to monitor PAL pollutantemissions shall meetthe following requirements: 1. CEMS shall comply with applicable performance specifications found in 40 C.F.R. Part 60, Appendix 

### 6; 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 of operationof the emissions unit; and 2. While the unit is operating, each CPMS or PEMS shall sample, analyze, and record data at least every fifteen (1 5) minutes, or at another less frequent interval if approved bythe cabinet. 

## (0 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, if appropriate, to account for the degree of uncertainty

or limitations inthe factors' development; 2. The emissions unit shall operate within the designated range of use for the emission factor, if applicable; and 3. The owner or operator of a significant emissions unit that relies on an emission factor to calculate PAL pollutant emissions shall conduct validation testing to determine a site-specific emission factor within six (6) months of PAL permit issuance if the cabinet determines that the testing is requiredand technically practicable. (g) A source owner or operator shall record and report maximum potential emissions without consideringenforceable emissions limitations or operational restrictions for an emissions unit during any period of time there is no monitoring data, unless another method for determining emissions during such periods is specified inthe 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 cabinetshall: 1. Establish default values for determining compliance with the PAL based on the highest potentialemissions reasonably estimated at operating points; or 2. Determine that operation of the emissions unit during operating conditions if there is not a correlation between monitored parametersand the PAL pollutant emissions is a violation of the PAL. (i) Revalidation. All data used to establish the PAL pollutant shall be revalidated through performance testing or other scientificallyvalid means if approved by the cabinet. Validation testing shall occur at leastonce everyfive (5)years after issuance of the PAL. (1

2) Recordkeeping requirements. (a)The PAL permit shall require an owner or operator to retain a copy of all records necessaryto determine compliancewith any requirementof this section and of the PAL, including a determination of each emissions unit's twelve (12) month rolling total emissions for five (5) years from the date of the determination. (b)The PAL permit shall require an owneror operatorto retain a copy of the following records for the duration of the PALeffective period plus five (5)years: 1. A copy of the PAL permitapplicationand any applicationsfor revisions to the PAL; and 2. Each annual certification of compliance 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 accordancewith 401 KAR 52:020, 52:030, and 52:040 that meet the following requirements:

18401 KAR 51:017

(a) Semiannual report. The semiannual report shall be submittedto the cabinet within thirty (30) days of the end of each reporting period and shall contain: 1. The identificationof owner and operatorand the permit number; 2. Total annual emissions, intpy, based on a twelve (12) month rolling totalfor each month inthe reporting period recorded pursuant to subsection (12)(a) of this section; 3. All data used in calculating the monthly and annual PAL pollutant emissions, including any quality assurance or quality controldata; 4. A list of any emissions units modified or added to the major stationary 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 notificationof permanentortemporary shutdown of any monitoringsystem including:

a. The reasonfor the shutdown; b. The anticipated date that the monitoring system shall be fully operational or shall be replaced with another monitoringsystem;

c. If applicable, a statement that the emissions unit monitored by the monitoring system continuedto operate without the monitoringsystem; and d. The calculation of the emissions of the pollutant or the number determined according to subsection (1l)(g)of this section that is included inthe 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 of the 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 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 identificationof the owner, the operator, and the permit number; b. The PAL requirement that experienced the deviation orthat was exceeded;

c. Emissions resulting from the deviation or the exceedance; and d. A signed statement by the responsibleofficial, as defined by401 KAR 51:001, Section 1(210), certifying the truth, accuracy, and completenessof the information provided inthe report. (c) Revalidation results. The owner or operator shall submit to the cabinet the results of any revalidation test or methodwithinthree (3) months after completion of the 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 of this section. (b) The cabinet may supersede a PAL that was established before August 10, 2006, with a different PAL ifthe new PAL complies withthe requirements of this administrative regulation.

(8 Ky.R. 1112; Am. 9 Ky.R. 350; eff. 9-22-82; 12 Ky.R. 869; 1263; eff. 24-86; 13 Ky.R. 924; eff. 12- 2-86; 14 Ky.R. 883; eff. 12-11-87; 1601; eff. 4-14-88; 18 Ky.R. 2605; eff. 6-24-92; 23 Ky.R. 2203; 3009; eff. 3-12-97; 30 Ky.R. 2188; 2500; 31 Ky.R. 45; eff. 7-14-04; eff. 2-5-10)401 KAR 51:OX?

COMMONWEALTH OF KENTUCKY ENVIRONMENTALAND PUBLIC PROTECTION CABINET

DEPARTMENT FOR ENVIRONMENTAL PROTECTION Divisionfor Air Quality

401 KAR 51:052. Reviewof new sources inor impacting upon nonattainment areas.

RELATESTO: KRS 224.20-100(5), 224.20-110,224.20-120,40 C.F.R. Part 51 Appendix S, Part 51 Subpart L51.165, 51.166, 51.300,51.307,52.21,60,61,70.6 ,81, Subpart D, 81.318'42 U.S.C. 7401-7671q, EO 2009-538 STATUTORY AUTHORITY: KRS 224.10-100(5), 42 U.S.C. 7401-7671q, EO 2009-538 NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100 authorizes the cabinet to promulgate administrative regulationsfor the prevention, abatement, and control of air pollution. EO 2009-538, effective June 12, 2009, establishes the Energy and Environment Cabinet. 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. The provisions of this administrative regulation are neither different nor more stringent than the federal regulation40 C.F.R. 51.l65.

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 inor impacts upon an area designated nonattainment under42 U.S.C. 7407(d)(l)(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 ina mandatory Class Ifederal area. (2) Applicability tests for projects. Except as provided in subsection (3) of this section, a project shall be a major modification for a regulated NSR pollutant only if the project causes a significant emissions increase and a significant net emissions increase, as provided in paragraphs (a) and (b) of this 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 accordingto subparagraphs 1to 3 of this 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 of the difference between the projected actual emissions and the baseline actual emissions for each existing emissions unit equals or exceeds the significant amountfor that 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 exceedsthe significant amountfor that 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 if the sum of the emissions increases for each emissions unit, using the methods specified in subparagraphs 1 and 2 of this paragraph as applicable for each emissions unit, equals or exceeds the significant amount for that pollutant. (b) Prior to beginning actual construction and after completing the applicable test in paragraph (a) of this subsection, the owner or operator shall determine for each regulated NSR pollutant if a significant net emissions increase

### will occur pursuantto 401 KAR 51:001, Section l(144) and (218). (3) For a plant-wide applicability limit (PAL) for a regulated NSR pollutant at a major stationary source, the owner or operator of the major stationary source shall comply with the applicable requirementsof Section 11of this administrative regulation.

Section 

### 2. Initial Screening Analyses and Determination of Applicable Requirements. (1) Reviewof all sources for emissions limitationcompliance.401

### KAR 51:052

(a) The cabinet shall examine each proposed major new source and proposed major modification to determine if the source or modification will meet all applicable emissions requirements inthe 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 of specified sources of air quality impact. (a) The cabinet shall determine if a proposed major stationary source or major modificationwill be constructed in an area designated as nonattainment pursuant to 42 U.S.C. 7407(d)(l)(A)(i)for a pollutantfor whichthe stationary source or modification is major. (b) If a designated nonattainment area is projected to 

### be an attainment area as part of an approved control strategy by the new source start-up date, offsets shall not be required if the new
source will not cause a newviolation. (3) Fugitiveemissions sources. Sections 4 and 10ofthis administrative regulation shall not apply to a source or modificationthat will be a major stationary source or major modification only iffugitive 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) of the following categories: (a) Coal cleaning plants with thermal dryers; (b) Kraft pulp mills; (c) Portland cement plants; (d) Primary zinc smelters; (e) Ironand steel mills; (f) Primary aluminum ore reduction plants; (g) Primary copper smelters; (h) Municipalincinerators capable of charging morethan 250 tons of refuse perday; (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; (0) 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 of fossil-fuel boilers, totaling more than 250 million BTUs per hour heat input; (v) Petroleum storage and transfer units with a total 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 plantsof morethan 250 million BTUs per hour heat input;or (aa) Another stationary source category that, as of August 7, 1980, is being regulated under 42 U.S.C. 7411 or 7412.

Section 3. Sources Locating in Designated Attainment or Unclassifiable Areas that Will Cause or Contribute to a Violation of a NationalAmbient Air Quality Standard. (1)This section shall apply only to new major stationary sources or new major modifications that will locate in designated attainment or unclassifiable areas, pursuant to 42 U.S.C. 7407(d)(l)(A)(ii) or (iii), if the

source or modificationwill cause impactsthat exceed the significance levels,as listed inthe table in this subsection, at a locality that does not orwill not meetthe national ambientair qualitystandards.401KAR 51

### :OS?



# I Pollutant 

# IAnnual 

# IAveragingTime 

# I

Monoxide 

# Imglm3

# 1 I mg/m3

# 1 Sulfur

Dioxide

PMl0



# -Nitrogen

Dioxide

Carbon

(2) Sources to which this section applies shall meet the requirements in Section 4(1), (2) and (4) of this administrative regulation and may be exempt from Section 4(3) of this administrative regulation. (3) For sources of sulfur dioxide (SO2), particulate matter, and carbon monoxide (CO), the determinationthat a new major source or major modificationwill 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, Appendix W, "GuidelineonAir Quality Models". (4) For sources of NOx, the initial determination that a new major source or major modifigtion will cause or contribute to a violation of the national ambient air quality standardfor nitrogen dioxide (NO2)shall be made using an approved atmospheric simulation model assuming all the nitric oxide emitted is oxidized to NO2 by the time the plume reaches ground level. The initial concentration estimates may be adjusted if adequate data are availableto accountfor the expected oxidation rate. (5) For ozone, sources of VOCs or NOx locating outside a designated ozone nonattainment area shall be presumed to not have a significant impactonthe designated nonattainmentarea. If ambient monitoring indicates that the area of source location is in fact nonattainment, the source shall be permitted pursuantto this administrative regulation and 401 KAR 52:020 untilthe area is designated nonattainment pursuantto 42 U.S.C. 7407(d)(l)(A)(i). (6) The determinationthat a new major source or major modificationwill cause or contribute to a violationof a national ambient air quality standard shall be made as of the start-up date. (7) Applications for major new sources and major modifications locating in attainment or unclassifiable areas, the operation of which will cause a new violation of a national ambient air quality standard butwill 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. Meeta design, operational, or equipmentstandard; or 3. Control existing sources so that the new source will not cause a violation of a national ambient air quality standard. (b) The new emissions limitations for the new and existing sources affected shall be state and federally enforceable inaccordancewith Section 6 of this administrative regulation.



### Section 

### 4. Sources Locating in a Designated NonattainmentArea. 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)(l)(A)(i) for a pollutant for which the stationary

source or modification is major. Approval to construct may be granted only if the conditions of this section are met. Average

1.0 ug /m

1.0 ug /m3



### 1.0 ug /m3



# -- 24-

Hour

5 ug /m3

5 ug 

### lm3



# --

-- 1 

## - Hour



# --

--

--

2 

### 8-

Hour



## --



# --

--

0.5 

### 3

## - Hour

25 ug /m3



## --

--



## --401 KAR 5l:O52

(1) The new major source or major modification shall be requiredto 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) Exceptfor VOCs or NOx emissions, emissions from existing sources in the affected area of the proposed new major source or modification, whether or not under the same ownership, shall be reduced or offset, 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 pollutantcategory shall be accepted. (b) The ratio of total emissions reductions of VOCs or NOx to total increased emissions of the

same air pollutant shall be at least the ratio indicated for the following ozone nonattainment area classifications: 1. For marginal nonattainment areas, at least 1.I to 1; 2. For moderate nonattainment areas, at least 1.I5to 1; 3. For serious nonattainment areas, at least 1.2 to 1; 4. Forsevere 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 air qualitybenefit inthe affected area. (a)Atmospheric simulation modeling shall not be required for VOCs 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 regulationshall be adequate to meetthis condition. 

### (5) The proposed major stationary source or major modification shall include in the application for a construction permit an analysis of the alternative sites, sizes, production processes, and environmental control techniques for the proposed source, which demonstrates that benefits of the proposedsource significantly outweighthe environmentaland social costs imposed as a result of its location, construction, or modification.

Section 5. Determining Credit for Emissions Offsets. (1) The baselinefor determining credit for emissions reductions or offsets shall be, where baseline actual emissions as defined in 401 

### KAR 51:001, Section 1 (20), shall not be usedfor determiningthe baseline for emissions offsets: (a) The emissions limitations in effect when the application to construct or modify a source is filed; or (b) The actual emissionsof the source from which offset credit is attained if: 1. The demonstration of reasonable further progress and attainment of ambient air quality standards for the SIPwas based on actual emissions; or 

### 2. The SIP does not contain an emissions limitation forthat source or source category. (2) Credit for emissions offsets. Credit for emissions offsetpurposes may be allowed for existing control if the existing control goes beyond the control required under 401 

### KAR Chapters 50 to 65 and applicable federal regulations. (3) General provisionsfor calculating offsetvalues. (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 or allowed production rate. (b) Offsets may be calculated on a tons-per-year basis if baseline emissionsfor existing sources providing the offsets are calculated using the actual annual operating hours for the 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 for the previous two (2) year period inconjunctionwith the required hardwarecontrols. (d) If the emissions limitations required by the cabinet allow greater emissions than the uncontrolled emissions rate of the source, emissions offset credit shall be allowed only for control below the uncontrolled emissions rate.401 KAR 51:052

(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 of an air pollutant by: 1. Obtaining emissions reductions of the air pollutant from the same source or other sources in the same nonattainment area; or 2. From sources in another nonattainment area if:

a. The other area has an equal or higher nonattainmentclassificationthan the area inwhich the

source is located; and b. Emissions from the other area contribute to a violation of the national ambient air quality standard inthe nonattainmentarea inwhich the source is located. (4) Calculating offsets if an applicable emissions limitation does not exist. If the 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 of the cabinet for the type of fuel being burned when the new major source or major modification application is filed. (b) If the existing source has switched to a different type of fuel at some earlier date, a resulting emissions reduction,eitheractual or allowable, shall not be usedfor emissions offset credit. (c) Ifthe existing source commits to switchto a cleanerfuel at some future date, emissions offset credit based on the allowable emissions for the fuels involved shall not be allowed unless the permit is conditionedto requirethe use of a specified alternative control measurethat will achieve the same degree of emissions reduction ifthe source switches backto a dirtier fuel at some laterdate. (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 if the work force to be affected has been notified inwriting of the proposedshutdown or curtailment. (b) Source shutdowns and curtailments in production or operating hours occurring prior to the date the new source application isfiled shall not be used for emissions offset credit. (c) If an applicant can establish that it shut down or curtailed production after August 7, 1977, or less than one (1) year prior to the date of permit application, whichever is earlier, and the proposed

new source is a replacement for the shutdown or curtailment, credit for the shutdown or curtailment may be appliedto offset emissionsfrom the new source. (7) Calculating offsets for hydrocarbon substitution. An emissions offset credit shall be allowed for replacing one volatile organic compound with another of lesser photochemical reactivity, unless the replacementcompound is methane, ethane, 1 ,I ,I-trichloroethane, or trichlorofluoroethane. (8) Bankingof emissions 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 of Section 5(3) of this administrative regulation. (b) An owner or operator of an existing source that reduces its own emissions may bank a resulting reduction beyond those required by regulation for use under this administrative regulation,

even ifthe offsets are applied immediatelyto 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'scontrolstrategy. (9) Offset credit for meeting NSPS or NESHAPS. (a) If a source is subject to an emissions limitation established in a New Source Performance Standard (NSPS) or a National Emissions Standardfor Hazardous Air Pollutants (NESHAPS) and a differentemissions limitationis required by the cabinet, the more stringent limitationshall be used as the baselinefor determining creditfor 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 Proceduresfor 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 of the new source. (a) If emissions reductions are to be obtained in a state that neighbors the Commonwealthfor 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 by the owner of the proposed source or bythe cabinet. (2) Source initiatedemissions offsets. (a)The owner or operatorof a source may propose: 1. Internalemissions offsets, which involve reductions from sources controlled bythe owner; or 2. External emissions offsets, which involve reductions from other sources, if the emissions offsets meet the requirements of this section and Section4(3) of this administrative regulation. (b) An internal emissions offset shall be included and made enforceable as a condition of the source's permit. (c)An external emissions offset shall only be accepted ifthe cabinet requiresthe 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 initiatedemissions 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 area of a proposed new source to accommodate the proposed new source. (b) This emissions reduction commitment shall be reflected in the emissions limitation requirementsfor the newand existingsources as required bythis 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 under this administrative regulation and 401 KAR 52:020 or under the terms of an approval to construct. (2)(a) Approvalto construct shall become invalidif construction: 1. Is not commencedwithin eighteen (1 8) months after receiptof the approval; 2. Isdiscontinued for a periodof eighteen (1 8) months or more; or 3. Is not completed within a reasonabletime. (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 of the approved phases of a phased construction project; and 2. Each phase shall commence construction within eighteen (18) months of the projected and approved commencementdate. (3) Approval to construct shall not relieve an owner or operator of the responsibility to comply fully with applicable provisions of 401 KAR Chapters 50 to 65 and other applicable requirements under local, state, or federal law. (4) Ifa particular source or modificationbecomesa major stationary source or major modification solely by virtue of a relaxation in an enforceable limitation which was established after August 7, 1980, on the capacity of the source or modification otherwiseto emit a pollutant, the requirements of this administrative regulation shall apply to the source or modification as though construction had not yet commenced on the source or modification. (5)(a) The provisions of this subsection shall apply to projects at existing emissions units at a majorstationary source otherthan projectsat a source with a PAL, if: 1. There is a reasonable possibility that a project that is not part of a major modification may result ina significant emissions increase; and 2. The owner or operator uses the method specified in 401 KAR 51:001, Section 1(199)(b) to calculate projected actual emissions. (b) Before beginningactual construction of a project specified in paragraph (a)of this subsection, the owner or operator shall document and maintaina recordof the following information:1. A description of the project; 2. Identificationof the emissions unitsfor which emissions of a regulated NSR pollutant may be affected bythe project; and 3. A description of the applicability test used to determine that the project is not a major modificationfor any regulated NSR pollutant, including:

a. Baseline actual emissions; b. Projected actual emissions; c. Amount of emissions excluded in calculating projected actual emissions and an explanation for why that amount was excluded; and d. Any applicable nettingcalculations. (c) For a project specified in paragraph(a) of this subsection, the owner or operator 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)2of this subsection; and 2. Calculate and maintain a record of the annual emissions, in tons per year on a calendar year basis,for:

a. Five (5)years following resumptionof regular operations after the change; or b. Ten (10) years if the project increases the design capacity of or potential to emit for that regulated NSR pollutant at the emissions unit. (d) Ifthe unit is an existing EUSGU, before beginning actual construction, the owneror operator: 1. Shall providea copy of the information in paragraph (b) of this subsectionto 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) of this subsection that contains the unit's annual emissions during the calendar year preceding reportsubmittal. (e)l. For an existing unit other than an EUSGU, the owner or operator 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 of this subsection, by a significant amount for that regulated NSR pollutant; and b. The emissions differ from the preconstruction projection as documented and maintained pursuantto paragraph (b)3 of this 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) of this subsection and shall contain the following:

a. The name, address, and telephone numberof the major stationary source; b. The annual emissions as calculated pursuantto paragraph (c) of this subsection; and

c. Any other information that the owner or operatorwishes to include inthe report. (f) The owner or operator of the source shall make the information required to be documented and maintained underthis subsection available for review upon request for inspection by the cabinet

orthe general public pursuantto 401 KAR 52:lOO.



### Section 8. 

### Permit Condition Rescission. (1) An owner or operator holding a permit for a stationary source or modification that was issued pursuant to 401 KAR 51:050 or 51:051E may requestthat the cabinet rescindthe applicable conditions. (2)The cabinet shall rescind a permitcondition ifthe owner or operator: (a) Requests and demonstrates to the satisfaction of the cabinet that this administrative regulation does not apply to the source or modificationor to a portionof the source or modificationif constructionwill have commencedafter September22,1982; and (b) Demonstratesthat the rescission will not violate the requirements of Sections 4(3) and 7 of this administrative regulation.



### Section 

### 9. Class I Areas. (1) The following areas, which were in existence on August 7, 1977, shall be Class 

### Iareas and shall not be redesignated: (a) Internationalparks;(b) National wildemess areas and national memorial parks which exceed 5,000 acres in size; and(c) National parksthat exceed 6,000 acres in size. (2) Any other area, unless otherwise specified in the legislationcreating the area, is designated Class 

### II but may be redesignatedas provided in40 C.F.R. 51.l66(g). (3) The visibility protection requirements of this administrative regulation shall apply only to sources that may impacta mandatory Class Ifederal area. 

### (4) The followingareas may be redesignated only as Class Ior II: (a) An area which as of August 7, 1977, exceeded 10,000 acres in size and was a national monument, a national primitive area, a national preserve, a national recreationalarea, a national wild and scenic river, a nationalwildlife refuge, a national lakeshoreor seashore; and (b)A national park or national wildemess area established after August 7, 1977, which exceeds 10,000 acres in size.

Section 10. Protectionof Visibility. (1) New source review; applicability and exemptions. (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 meet the requirementsof this 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 under 42 U.S.C. 7407(d)(I)(A)(i)and potentially have an impacton 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 under42 U.S.C. 7401 to 7626 that itwill emit, except as provided in paragraphs (d) and (e) of this subsection. (d) This section shall not apply to a particular major stationary source or major modification if: 1. The source or modification is a nonprofit health or nonprofit educational institutionor a major modification will occur at the institution, and the Governor of the Commonwealth requeststhat it be exemptfrom the requirementsof this section; and 2. The source is a portable stationary source that has previously received a permit under this section and will be temporarily relocated; and:

a. The emissions from the sourcewill not exceed the allowable emissions; b. The emissions from the source will not impact a Class 

### Iarea or an area where an applicable increment is knownto beviolated; 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 bythe cabinet pursuantto this section. (e) This section shall not apply to a major stationary source or major modificationwith respect to

a particular pollutant, if the allowable emissions of that pollutant from the source, or the net emissions increase of that pollutantfrom the modification: 1.Will not impact a Class Iarea; 2. Will not impactan 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 of the impairmentto visibility that will occur in a Class Iarea 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 Iareas shall have an affirmative responsibilityto protectthe 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 impactonthese values. (b) The cabinet shall provide written notification to all affectedfederal land managers and to the federal official chargedwith direct responsibilityfor management of landswithin the Class Iarea of a permit applicationor an advanced notice of a permit applicationfor a proposed new major stationary

source or major modificationthat may affect visibility ina Class 

### Iarea. The notificationshall:401KAR 51 :O52

1. Includea copy of all information relevantto the permit application; 2. Be submitted pursuant to this paragraph within thirty (30) days of receipt of the permit application or advanced notice of permit application and at least sixty (60) days prior to a public hearing on the application for a permitto construct; and 3. Includean analysis of the proposedsource's anticipated impactson visibility ina Class I area. (c)l. The cabinet shall consider an analysis by the federal land manager, provided within thirty (30) days of the 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 Iarea. 2. If the cabinet finds that the analysis does not demonstrate, to the satisfactionof the 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 can be obtained. (d) Adverse impact on visibility as it applies to paragraph (c) of this subsection shall be determined on a case-by-case basis, taking into account the geographic extent, intensity, duration, frequency, and time of visibility impairments, and howthese factors correlate with the times of visitor

use of the Class Iarea, and the frequency and time of natural conditionsthat reducevisibility. (4) Public participation. The cabinet shall follow the applicable procedures of 401 KAR 52:100 in processing applications under this section and shall follow the procedures at 40 C.F.R. 52.21(r), effectiveJuly 1, 2009, to the extent that the procedures of 401 KAR 52:100 do not apply. (5) National visibility goal. (a) The cabinet shall only issue permits to those sources for which emissions will be consistent with making reasonable progress toward the national goal of preventing future, and remedying existing, impairment of visibility in Class I areas which impairment results from manmade air pollution. (b) In making the decisionto issue a permit, the cabinet shall consider: 1. The costs of compliance; 2. The time necessaryfor compliance; 3. The energy and non-air quality environmental impacts of compliance; and 4. The useful lifeof the source. (6) Monitoring. (a) The cabinet may require monitoring of visibility 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 determinedon a case-by-case basis bythe cabinet. (c) The cabinet shall not undertake visibility monitoring in a Class Iarea without the approval of the 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 if the PAL meets the requirements of this section. (1) General provisions. (a) An owner or operator may execute a project without triggering major NSR, if the source maintains its total source-wide emissions below the PAL level, meets the requirements in this section, and complieswith the PAL permit. Ifthese conditionsare met, a project: 1. Shall not be considereda major modificationfor the 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 usedto avoid applicability of the major NSR program. (b) Except as provided under subparagraph (l)(a)3 of this section, the major stationary source shall continue to comply with all applicable federal or state requirements, emissions limitations, and work practice requirementsthat were established priorto the effective date of the PAL.401 KAR 51:052

(c) The cabinet shall not allow a PAL for VOC or NOxfor any major stationary source located in

an extreme ozone nonattainmentarea. (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 of an application for a permit or permit revision requestinga PAL: (a) A list of all emissions units at the source designated as small, significant or major, based on their potential to emit; (b) Identificationof the federal and state applicable requirements, emissions limitations, andwork practice requirements that applyto each emissions unit; (c) Calculations of the baseline actual emissions for the 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 for each month as required by subsection (12)(a)of this section. (3) Establishing a PAL. The cabinet shall establish a PAL at a major stationary source in a federally enforceable permit pursuantto the requirements of this section. (a)The PAL shall imposean annual emissions limitation intons per year that is enforceable as a practical matterfor the entire major stationary source, inwhich: 1. For each month during the PAL effective period after the first twelve (12) months of establishing a PAL, the owner or operator shall demonstrate that the sum of the monthly emissions from each emissions unit underthe PALfor the previous twelve (12) consecutive months is lessthan 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 under the PAL is lessthan the PAL; (b)The PAL shall be established in a PAL permitthat: 1. Meetsthe public participation requirements in subsection (4) of this section; and 2. Contains allthe requirements of subsection (6)of this section; (c) A PAL shall include fugitive emissions, to the extent quantifiable, from all emissions units that emit or have the potentialto emit the PAL pollutantat the major stationary source; (d) Each PAL shall regulate emissions of only one (1) pollutant; (e) Each PAL shall have a PAL effective period of ten (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 (1 1)to (1 3) of this section for each emissions unit under the PALthrough the PAL effective period; and (g) Emissions reductions of a PAL pollutant that occur during the PAL effective period shall not be creditable as decreasesfor offsets under40 C.F.R. 51.165(a)(3)(ii), unless: 1. The level of the PAL is reduced by the amountof the emissions reductions; and 2. The reductionswould be creditable inthe absence of the PAL. (4) Public participation requirements. PALS for existing major stationary sources shall be established, renewed, or increased pursuantto this subsection and the applicable proceduresof 401 KAR 52:100 for issuing permits or permit revisions. The cabinet shall: (a) Provide the public with notice of the proposed approval of a PAL permit with at least a thirty (30) day period for submittal of public comment; and (b) Address all materialcomments before taking final action on a PAL permitor permit revision. (5) Settingthe ten (10)year PAL level. (a)The PAL level for a major stationary source shall be the sum of the baseline actual emissions of the PAL pollutantfor each emissions unit at the source during the chosen twenty-four (24) month period plusthe applicable significant level for the PAL pollutant underthe definition for "significant" in 401 KAR 51:001, Section 1or 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.401KAR 51:052

(d) Emissions associated with units that were permanently shutdown after the chosen twentyfour (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 inan amount equalto the potentialto emit of the 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 requirementthat the cabinet is

aware of prior to issuanceof the PAL permit. (6) Contents of the PAL permit. The PAL permit shall contain the following information: (a)The PAL pollutant and the applicable source-wide emissions limitationintons peryear; (b)The PAL permiteffectivedate and the expiration date of the 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) of this section before the end of the PAL effective period, the PAL shall remain in effect until a revised PAL permit is issued bythe 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 of subsection (8) of this 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)of this section; (g) A requirement that the major stationary source owner or operator shall monitorall emissions units in accordancewith the provisions in subsection (12) of this section; (h) A requirementthat the owner or operator shall retain the records required under subsection (1

2) of this section on site. Records may be retained inan electronic format;

(i) A requirementfor the owner or operator to submit, by the reports required under subsection (13)of this section bythe required deadlines; and (j)Any requirements necessaryto implement and enforce the PAL. (7) PAL effective periodand reopening of a PAL permit. (a) A PAL effective period shall be ten (1 0) years. (b)The cabinetshall reopen a PAL permitto: 1. Correct typographical or calculationerrors made insettingthe PAL; 2. Reflect a more accurate determination of emissions usedto establish the PAL; 3. Reduce the PAL if the owner or operator of the major stationary source creates creditable emissions reductionsfor use as offsets under40 C.F.R. 51.165(a)(3)(ii); or 4. Revisethe PALto reflectan increase inthe PALaccordingto subsection (10) of this section. (c) The cabinet may reopenthe 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 consistentwith any other requirement:

a. That isenforceable as a practical matter; and b. That may be imposedon the major stationary source under the SIP; and 3. Reduce the PAL if the cabinet determines that a reduction is necessaryto avoid causing or contributing to:

a. A NationalAmbient Air Quality Standard (NAAQS)or PSD increment violation; or b. An adverse impactonvisibility or anotherair quality related value that has been identifiedfor 

### a federal Class 

### Iarea by a federal land manager and for which information is available to the general public. (d) All permit reopenings shall be carried out under the public participation requirements of subsection (4) of this section except for permit reopeningsto correct typographical or calculation of errors that do not increasethe PAL level. (8) Expiration of a PAL. A PAL that is not renewed shall expire at the end of the PAL effective periodand the requirementsof this subsection shall then apply. 

### (a) Each emissions unit, or each group of emissions units, that existed under the PAL shall complywith an allowable emissions limitation undera revised permit established as follows: 

### 1. An owner or operator of a major stationary source using a PAL shall submit a proposed allowable emissions limitation for each emissions unit, or each group of emissions units, by401 KAR 51:052

distributing the PAL allowable emissions for the major stationary source among each of the emissions units that existed under the PAL. a. This proposal shall be submitted to the cabinet at least six 

### (6) months before the expiration of the PAL permit but not soonerthan 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) of this section, distribution of allowableemissions shall be made as ifthe PAL has been adjusted. 2. The cabinet shall provide the date and procedure the owner or operator shall use to distribute the 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 continueto complywith a source-wide, multiunit emissions cap equivalentto the level of the PAL emissions limitation until the cabinet issues the revised permit incorporating allowable limitsfor each emissions unit or each group of emissions units. (d) A major modification at the major stationary 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 7(4) of this administrativeregulation. (9) Renewalof a PAL. (a) Public participationrequirements. 1. The cabinet shall follow the public participation procedures specified in subsection (4) of this section inapprovinga requestto renew a PALfor a major stationarysource. 2. The cabinet shall provide a written rationale for the proposed PAL level for public review and comment. 3. Any person may propose a PAL level for the source for consideration bythe 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 earlier than eighteen (18) months before permitexpiration. 2. The deadline for application submittal shall ensure that the permit shall not expire before the permit is renewed. 3. If a complete application for renewal is submitted within the timeframe specified in subparagraph 1 of this paragraph, the PAL shall continue to be effective untilthe 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) of this section; 2. A proposed PAL level; 3. The sum of the potential to emit of all emissions units under the PAL with supporting documentation; and 4. Any other information the owner or operatorwishes the cabinetto 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 to a level not greater than the potentialto emit if a source's potential to emit has declined below the PAL level. 2. The cabinet may renewthe PAL at the same level as the current PALwithout considering the factors specified in subparagraph 3 of this section, if the emissions level calculated according to subsection(5) of this section isequalto or greater than eighty (80) percentof the PAL level; or 3. The cabinet may set the PALat a levelthat is determinedto be:a. More representative of the source's baseline actual emissions; or b. Appropriate considering the following factors: (i)Air quality needs; (ii)Advances in control technology; (iii)Anticipated economic growth inthe area of the source; (iv) The cabinet's goal of promotingvoluntary emissions reductions; or (v) Other factors as specifically identified by the cabinet in itswritten rationalefor 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 compliedwith the provisionsof subsection (10) ofthis section. (e) The PAL shall be adjusted in conjunction with the PAL permit renewal or Title V permit renewal, whichever comesfirst, if:
1. The compliance date for a state or federal applicable requirement that applies to the PAL

source occurs during the PAL effective period; and 2. The cabinet has not already adjusted for the requirement. (10) Increasing a PAL during the PAL effective period. The cabinet may increase a PAL emissions limitation during the PAL effective period if the major stationary source complies with the provisions of this subsection. (a) Application procedures. To requestan increase inthe PAL limit for a PAL major modification, the owner or operator of the major stationary source shall submit a complete application, which shall include: 1. Identificationof the emissions units contributingto the increase in emissionsfor the PAL major modification; 2. Demonstrationthat increased PAL, as calculated in paragraph (c) of this 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 when the application is submitted, unless the emissions unit is currently required to comply with a BACT or LAER requirementthat was establishedwithinthe preceding ten (1 0) years. b. If an emissions unit currently complies with BACT or 

### LAER, the assumed control levelfor that emissions unit shall be equalto the current levelof BACT or LAERfor that emissions unit; and 3. A statement that the increased PAL level shall be effectiveon the day any emissions unit that is part of the PAL major modification becomesoperational and beginsto 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 for the PAL major modification. 1. A significant level shall not apply in deciding for which emissions units a major NSR permit shall be obtained; and 2. Emissions unitsthat 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 of the allowable emissions for each modified or new emissions unit, plus the sum of the baseline actual emissions of the significant and major emissions units assuming application of BACT equivalent controls, plus the sum of the baseline actual emissionsof the small emissions units. (d) Public notice requirement. The public notice requirements of subsection (4) of this section shall be followed during PAL permit revisionfor an increased PAL level. (11) Monitoring requirementsfor PALS. (a) General requirements. 1. Each PAL permit shall contain enforceable requirements for the chosen monitoring system that accurately determines plant-wide emissions of the PAL pollutant in terms of mass per unit of time; 

### 2. A monitoring system authorizedfor use inthe PAL permit shall be:

a. Approved by the cabinet pursuantto this subsection; and b. Based on sound science and meet generally-acceptable scientific proceduresfor data quality and manipulation;401KAR 51:052

3. The data generated by a monitoring system shall meet minimum legal requirements for admissibility inajudicial proceedingto enforce the PAL permit; 4. The PAL monitoring system shall employ one (1) or more of the four (4) general monitoring approaches meeting the minimum requirementsset forth in paragraph (b) of this subsection; 5. The cabinet may approve an alternative monitoring approach that meets the requirements of subparagraphs 1 to 3 of this paragraph; and 6. Failureto use a monitoring system that meetsthe requirements of this section shall render the PAL invalid. (b) Minimum performance requirements for approved monitoring approaches. If conducted in accordancewith the minimum requirements in paragraphs (c) to (i) of this subsection, the following shall be acceptable monitoringapproaches: 1. Mass balance calculations for activities using coatings or solvents; 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 of validating the published content of the PAL pollutant contained in or created by all materials used inor at the emissions unit; 2. If it cannot be accounted for in the process, assume that the emissions unit emits all of the PAL pollutant contained in or created by any raw material or fuel used in or at the emissions unit; and3. If the vendor of the material or fuel from which the pollutantoriginates publishes a range, use the highest value of the published range of pollutant content to calculate the PAL pollutant emissions, unless the cabinet determines there is site-specific data or a site-specific monitoring programto support another pollutantcontent within 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, AppendixA; and 2. CEMS shall sample, analyze, and record data at least every fifteen (15) minutes while the emissions unit isoperating. (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 of operationof the emissions unit; and 

### 2. While the unit is operating, each CPMS or PEMS shall sample, analyze, and record data at least everyfifteen (1 5) minutes, or at another less frequent intervalapproved bythe cabinet. (f) Emissions factors. An owner or operator using emissions factors to monitor PAL pollutant emissions shall meetthe following requirements: 

### 1. All emissionsfactors shall be adjusted, if appropriate, to account for the degree of uncertainty

or limitationsinthe factors' development; 

### 2. The emissions unit shall operatewithin the designated range of usefor the emissions factor, if applicable; 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 sitespecific emissions factor within six (6) months of PAL permit issuance if the cabinet determines that the testing is required andtechnically practicable. (g) A source owner or operator shall record and report maximum potential emissions without considering enforceable emissions limitationsor operational restrictionsfor an emissions unit during any period of time there is no monitoring data, unless another method for determining emissions duringthe periods is specified inthe PAL permit. (h) If an owner or operator of an emissions unit cannot demonstrate a correlation between the monitored parameters and the PAL pollutantemissions rate at all operating points of the emissionsunit, as an alternative to the requirements in 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 if a correlation cannot be demonstrated;or 2. If there is not a correlation between monitored parameters and the PAL pollutant emissions, determinethat operation of the emissions unit during operating conditions is a violationof the 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 of the PAL. (1

2) Recordkeepingrequirements. (a)The PAL permit shall requirean owner or operatorto retain a copy of all records necessaryto determine compliance with any requirementof this section and of the PAL, including a determination of each emissions unit's twelve (12) month rolling total emissions for five (5) years from the date of the determination. (b)The PAL permit shall requirean owner or operatorto retain a copy of the following records for the durationof the PAL effective period plus five (5)years: 1.A copy of the PAL permit application and any applicationsfor revisionsto the PAL; and 2. Each annual certification of compliance pursuant to Title V and the data used to certify the compliance. (13) Reporting and notification requirements. The owner or operator shall submit semi-annual monitoring reports and prompt deviation reports to the cabinet in accordance with 401 

### KAR Chapter 52 that meetthe following requirements: (a) Semiannual report. The semiannual report shall be submitted to the cabinet within thirty (30) days of the end of each reporting period and shall contain: 1. The identificationof ownerand operatorand the permit number; 2. Total annual emissions, intpy, based on a twelve (12) month rolling total for each month inthe reporting period recorded pursuantto subsection (12)(a)of this section; 3. All data used in calculating the monthly and annual PAL pollutant emissions, including any quality assuranceor quality control data; 

### 4. A list of any emissions units modified or added to the major stationary 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 notificationof permanent or temporary shutdown of any monitoringsystem including:

a. The reason for the shutdown; b. The anticipated date that the monitoring system shall be fully operational or shall be replaced with another monitoringsystem;

c. If applicable, a statement that the emissions unit monitored by the monitoring system continuedto operate without the monitoringsystem; and d. The calculation of the emissions of the pollutant or the number determined according to subsection (1l)(g)of this sectionthat is included inthe permit; and 7. A signed statement bythe responsibleofficial, 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 deviationor exceedance of the PAL requirements, includingperiods 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 implementing40 C.F.R. 70.6(a)(3)(iii)(B); 3. The deviation report shall contain the following information: a. The identificationof the owner, the operator, and the permit number; b. The PAL requirementthat experiencedthe deviationorthat was exceeded;

c. Emissions resultingfrom the deviation orthe exceedance; andd. A signed statement by the responsible official, as defined by 401 

### KAR 51:001, Section 1(210), certifyingthe truth, accuracy, and completeness of the information provided inthe report. (c) Revalidation results. The owner or operator shall submit to the cabinet the results of any revalidation test or methodwithin three (3) months after completion of the test or method. (1

4) 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 complieswith the requirementsofthis section. (b) The cabinet may supersede a PALthat was established before August 10, 2006, with a PAL that complieswith the requirements of this administrative regulation. 

### (8 Ky.R. 

### 1120;Am. 9 Ky.R. 

### 358; eff. 9-22-82; 12 Ky.R. 

### 879; 1273; eff.2-4-86; 14 Ky.R. 

### 892; eff. 12-11-87; 1612; 1909; eff.4-14-88; 19 Ky.R. 

### 1105; 1585;eff.2-8-93;30 Ky.R. 

### 2209; 2520; eff.7-14-04;eff.2-5-10)