Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 51 - Attainment and Maintenance of the National Ambient Air Quality Standards › Section 401 KAR 51:017 - Prevention of significant deterioration of air quality

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100, 40 C.F.R. 51 Subpart I, Appendix
				S, sec. IV, Part 51, Appendix W, 51.166, 52.21, 52.26, 53, 58 Appendix A, 60,
				61, 63, 70.6, 81.318, 81 Subpart D,
				42 U.S.C.
				7401-7671q
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100(5) requires the
				cabinet to promulgate administrative regulations for the prevention, abatement,
				and control of air pollution. This administrative regulation provides for the
				prevention of significant deterioration of ambient air quality. The provisions
				of this administrative regulation are not more stringent than the corresponding
				federal requirements.
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 under
			 42 U.S.C.
			 7407(d)(1)(A)(ii) and
			 (iii).
(2) Except as otherwise provided in this
			 administrative regulation, the provisions of Sections 8 to 16 of this
			 administrative regulation shall apply to the construction of 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 meet those
			 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
			 pollutant shall be projected to occur if the sum of the difference between the
			 projected actual emissions and the baseline actual emissions for 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 amount
			 for 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 1(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 applicable
			 requirements of Section 20 of this administrative
			 regulation.