reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 50 - Division for Air Quality; General Administrative Procedures › Section 401 KAR 50:065 - Conformity of general federal actions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100,
				224.20-100,
				224.20-110,
				40
				C.F.R. 51.850-51.860,
				42 U.S.C.
				7401-7671p
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 requires the Environmental and
				Public Protection Cabinet to prescribe regulations for the prevention,
				abatement, and control of air pollution. The federal regulation incorporated by
				reference in this administrative regulation provides for determining the
				conformity of general federal actions to the State Implementation Plan (SIP).
				40
				C.F.R. 51.850 to 51.860 require that the
				applicable federal agencies implement the conformity determination in
				consultation with agencies of the Commonwealth of Kentucky.
Section 1. Definitions. As used in
			 40
			 C.F.R. 51.850 to 51.860, the following terms
			 shall be defined as provided in this section:
(1) "Local air quality agency" means an air
			 pollution control district created pursuant to KRS Chapters 77 and
			 224.
(2) "State air quality agency"
			 means Environmental and Public Protection Cabinet.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 50 - Division for Air Quality; General Administrative Procedures › Section 401 KAR 50:066 - Conformity of transportation plans, programs, and projects

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100,
				224.20-100,
				224.20-110,
				23 C.F.R. Part 450, 40 C.F.R. 51.390, Part 93, 49 C.F.R. Part 613, 23 U.S.C.
				109, 134, 42 U.S.C. 7506(c)(4), 49 U.S.C. 53, EO 2008-507, 2008-531
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100(5) authorizes the
				Environmental and Public Protection Cabinet to promulgate administrative
				regulations for the prevention, abatement, and control of air pollution. EO
				2008-507 and 2008-531, effective June 16, 2008, abolish the Environmental and
				Public Protection Cabinet and establish the new Energy and Environment Cabinet.
				This administrative regulation adopts the Federal Transportation Conformity
				Rules as codified in 40 C.F.R. Part 93 Subpart A and incorporates a guidance
				document that establishes criteria and procedures for the interagency
				consultation process used in demonstrating conformity of federal transportation
				plans to the Kentucky State Implementation Plan.
Section 1. All transportation plans,
			 transportation improvement plans, and projects subject to 40 C.F.R. 93, Subpart
			 A, shall be found to conform to the Kentucky State Implementation plan before
			 they shall be implemented. This finding of conformity shall be done in
			 accordance with the consultation procedures outlined in the document,
			 Transportation Conformity: A Guide for Interagency Consultation.
Section 2. Incorporation by Reference.
(1) "Transportation Conformity: A Guide for
			 Interagency Consultation", September 2008, is incorporated by
			 reference.
(2) This material may be
			 inspected, copied, or obtained, subject to applicable copyright law, at the
			 following offices of the Division for Air Quality, Monday through Friday, 8
			 a.m. to 4:30 p.m.:
(a) The Division for Air
			 Quality, 300 Sower Boulevard, Frankfort Kentucky 40601, (502)
			 564-3999;
(b) Ashland Regional
			 Office, 1550 Wolohan Drive, Suite 1, Ashland, Kentucky 41102-8942, (606)
			 929-5285;
(c) Bowling Green
			 Regional Office, 2642 Russellville Road, Bowling Green, Kentucky 42101, (270)
			 746-7475;
(d) Florence Regional
			 Office, 8020 Veterans Memorial Drive, Suite 110, Florence, Kentucky 41042,
			 (859) 525-4923;
(e) Frankfort
			 Regional Office, 300 Sower Boulevard, Frankfort Kentucky 40601, (502)
			 564-3358;
(f) Hazard Regional
			 Office, 233 Birch Street, Suite 2, Hazard, Kentucky 41701, (606)
			 435-6022;
(g) London Regional
			 Office, 875 S. Main Street, London, Kentucky 40741, (606) 330-2080;
(h) Owensboro Regional Office, 3032 Alvey
			 Park Drive W., Suite 700, Owensboro, Kentucky 42303, (270) 687-7304;
			 and
(i) Paducah Regional Office, 130
			 Eagle Nest Drive, Paducah, Kentucky 42003, (270) 898-8468.
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 51:005 - Purpose and general provisions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 requires the Environmental and
				Public Protection Cabinet to prescribe administrative regulations for the
				prevention, abatement, and control of air pollution. This administrative
				regulation establishes the general provisions as related to new sources with
				respect to the prevention of significant deterioration of air quality and
				construction of stationary sources impacting on nonattainment areas.
Section 1. Purpose. The purpose of this
			 chapter is:
(1) To prevent the significant
			 deterioration of air quality in areas of the Commonwealth of Kentucky where the
			 air quality is better than the ambient air quality standards contained in
			 401 KAR
			 53:010; and
(2) To provide conditions for the
			 construction of new or modified sources which would impact on nonattainment
			 areas in order that major new or major modified sources will not exacerbate
			 existing violations of the ambient air quality standards.
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 51:010 - Attainment status designations

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.20-100,
				224.20-110,
				224.20-120,
				40 C.F.R.
				50,
				51,
				52,
				53,
				58,
				75,
				81.318,
				42 U.S.C.
				7401-7675
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100(5) authorizes the
				cabinet to promulgate administrative regulations for the prevention, abatement,
				and control of air pollution. This administrative regulation establishes the
				designation status of all areas of the Commonwealth of Kentucky with regard to
				attainment of the ambient air quality standards.
Section 1. Definitions.
(1) "Rest of state" means the remainder of
			 the state has been designated and identified on a county by county
			 basis.
(2) "Road" means a Kentucky
			 route, a county road, a lane, or a U.S. route, highway, or
			 interstate.
(3) "Statewide" means
			 the entire state has been designated on a county by county basis.
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 51:150 - NOx requirements for stationary internal combustion engines

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100,
				224.20-100,
				224.20-110,
				224.20-120,
				40
				C.F.R. 51.121,
				51.122,
				40 C.F.R. 78, 97,
				42 U.S.C.
				7401-7671q
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100(5) requires the
				Environmental and Public Protection Cabinet to promulgate administrative
				regulations for the prevention, abatement, and control of air pollution.
				42
				U.S.C. 7410 requires each state to promulgate
				a plan which provides for implementation, maintenance, and enforcement of the
				national primary and secondary ambient air quality standard in each air quality
				control region within the state. Pursuant to the federal NOx SIP Call, this
				administrative regulation provides for the regional control of nitrogen oxides
				(NOx) emissions by establishing requirements for large stationary internal
				combustion engines. This administrative regulation is not more stringent than
				the federal mandate.
Section 1.
			 Definitions.
(1) "Affected engine" means any
			 stationary internal combustion engine or turbine that is:
(a) A Large NOx SIP Call Engine; or
(b) Another stationary internal combustion
			 engine or turbine that is subject to NOx control under a compliance plan
			 pursuant to this administrative regulation.
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 51:170 - NOx requirements for cement kilns

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100,
				224.20-100,
				224.20-110,
				224.20-120,
				40
				C.F.R. 51.121 as amended at 65 FR 11222
				(March 2, 2000), 51.122, 72.2, 75.1, 75.2, 75.4, 75.11-75.13, 75.17, 75.19,
				75.20, 75.24, 75.70, 75.72, 75.74, 75.75, Part 96,
				42
				U.S.C. 7410
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 requires the Environmental and
				Public Protection Cabinet to promulgate administrative regulations for the
				prevention, abatement, and control of air pollution. This administrative
				regulation provides for the regional control of nitrogen oxides (NOx) emissions
				from portland cement manufacturing plants pursuant to the federal mandate
				published under the NOx SIP Call. This administrative regulation is not more
				stringent nor otherwise different than the provisions allowed under the federal
				mandate.
Section 1. Applicability.
			 This administrative regulation shall apply to a portland cement manufacturing
			 plant with process rates, on or after January 1, 1995, equal to or greater
			 than:
(1) Twelve (12) tons of clinker per hour
			 for a long dry kiln;
(2) Ten (10)
			 tons of clinker per hour for a long wet kiln;
(3) Sixteen (16) tons of clinker per hour for
			 a preheater kiln; or
(4) Twenty-two
			 (22) tons of clinker per hour for a precalciner or preheater/precalciner
			 kiln.
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 51:180 - NOx credits for early reduction and emergency

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100,
				224.20-100,
				224.20-110,
				224.20-120,
				40
				C.F.R. 51.121 as amended at 65 FR 11222
				(March 2, 2000), 51.122, 72.2, 75.1, 75.2, 75.4, 75.11-75.13, 75.17, 75.19,
				75.20, 75.24, 75.70, 75.72, 75.74, 75.75, Part 96,
				42
				U.S.C. 7410
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 requires the Environmental and
				Public Protection Cabinet to promulgate administrative regulations for the
				prevention, abatement, and control of air pollution. This administrative
				regulation provides for the distribution of NOx allowances from a compliance
				supplement pool allocated to Kentucky by the U.S. EPA for sources that reduce
				nitrogen oxides (NOx) emissions before the compliance deadline of the federal
				mandate published under the NOx SIP Call. It also provides for setting aside
				unused credits to assist sources that are unable to meet the compliance
				deadline. This administrative regulation is not more stringent nor otherwise
				different than the provisions allowed under the federal mandate.
Section 1. Applicability. This administrative
			 regulation shall apply to a NOx budget unit in Kentucky.
Section 2. Procurement and Use of Early
			 Reduction Credits (ERCs).
(1) ERCs may be
			 earned for reductions in NOx emissions achieved during the 2001, 2002, and 2003
			 control periods.
(2) NOx allowances
			 given for earned ERCs may be deducted for compliance with NOx emission
			 standards in
			 401
			 KAR 51:160 only during the 2004 and 2005 control
			 periods.
(3) ERCs shall not be
			 earned for emission reductions made to satisfy requirements under the Clean Air
			 Act.
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 51:190 - Banking and trading NOx allowances

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100,
				224.20-100,
				224.20-110,
				224.20-120,
				40
				C.F.R. 51.121 as amended at 65 FR 11222
				(March 2, 2000), 51.122, 72.2, 75.1, 75.2, 75.4, 75.11-75.13, 75.17, 75.19,
				75.20, 75.24, 75.70, 75.72, 75.74, 75.75, Part 96,
				42
				U.S.C. 7410
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 requires the Environmental and
				Public Protection Cabinet to promulgate administrative regulations for the
				prevention, abatement, and control of air pollution. This administrative
				regulation incorporates by reference the federal regulation that establishes a
				program for banking and trading of emission allowances to reduce nitrogen
				oxides (NOx) emissions under the federal NOx SIP Call. This administrative
				regulation is not more stringent nor otherwise different than the provisions of
				the federal mandate.
Section 1. For
			 purposes of
			 40
			 CFR 96.10 to
			 96.14,
			 96.30,
			 96.31,
			 96.50
			 to 96.55(b),
			 96.56 to
			 96.57,
			 96.60
			 to 96.62:
(1) The administrator shall be the
			 Administrator of the U.S. EPA;
(2)
			 The permitting authority shall be the cabinet;
(3) The citations, Subpart E and
			 40 CFR
			 96.42(e) shall be
			 401
			 KAR 51:160, NOx requirements for large utility and
			 industrial boilers; and
(4) The
			 citation Subpart I shall be
			 401 KAR
			 51:195, NOx opt-in provisions.
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 51:195 - NOx opt-in provisions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100,
				224.20-100,
				224.20-110,
				224.20-120,
				40
				C.F.R. 51.121 as amended at 65 FR 11222
				(March 2, 2000), 51.122, 72.2, 75.1, 75.2, 75.4, 75.11-75.13, 75.17, 75.19,
				75.20, 75.24, 75.70, 75.72, 75.74, 75.75, Part 96,
				42
				U.S.C. 7410,
				7661
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 requires the Environmental and
				Public Protection Cabinet to promulgate administrative regulations for the
				prevention, abatement, and control of air pollution. The federal regulation
				incorporated by reference in this administrative regulation establishes
				provisions for individual sources to opt into the NOx Budget Trading Program.
				This administrative regulation is not more stringent nor otherwise different
				than the provisions of the federal mandate.
Section
			 1. For purposes of
			 40
			 C.F.R. 96.80 to
			 96.88:
(1) The administrator shall be the
			 Administrator of the U.S. EPA;
(2)
			 The permitting authority shall be the cabinet;
(3) The citations Subpart E, 96.4, 96.5, and
			 96.42, shall be
			 401
			 KAR 51:160;
(4) The citations 96.20, 96.21(c), 96.22, and
			 96.23, shall be 401 KAR Chapter 52; and
(5) The citation Subparts A through H shall
			 be
			 401 KAR
			 51:001,
			 401
			 KAR 51:160,
			 401 KAR
			 51:170,
			 401 KAR
			 51:180, and
			 401 KAR
			 51:190.
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 51:210 - CAIR NOx Annual Trading Program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100,
				224.20-100,
				224.20-110,
				224.20-120,
				40
				C.F.R. 51.121,
				51.122,
				72.2,
				75.1,
				75.2,
				75.4,
				75.11-75.13,
				75.17,
				75.19,
				75.20,
				75.24,
				75.70,
				75.72,
				75.74,
				75.75,
				Part 96,
				42
				U.S.C. 7410
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100(5) requires the
				Environmental and Public Protection Cabinet to promulgate administrative
				regulations for the prevention, abatement, and control of air pollution. This
				administrative regulation establishes requirements for the control of nitrogen
				oxides (NOx) emissions from large boilers and turbines used in power plants,
				pursuant to the federal mandate published under the Clean Air Interstate Rule
				(CAIR), 40 C.F.R. 96.101 to
				96.188.
				This administrative regulation is not more stringent than the provisions
				allowed under the federal mandate.
Section
			 1. Applicability. This administrative regulation shall apply to
			 CAIR NOx units in Kentucky that are subject to
			 40
			 C.F.R. 96.104.
Section 2. Compliance Requirements. CAIR NOx
			 units shall comply with the following requirements:
(1)
									40
			 C.F.R. 96.101 to
			 96.108 (Subpart
			 AA), "CAIR NOx Annual Trading Program General Provisions";
(2)
									40
			 C.F.R. 96.110 to
			 96.115
			 (Subpart BB), "CAIR Designated Representative for CAIR NOx Sources";
(3)
									40
			 C.F.R. 96.120 to
			 96.124
			 (Subpart CC), "Permits";
(4)
									40
			 C.F.R. 96.150 to
			 96.157
			 (Subpart FF), "CAIR NOx Allowance Tracking System";
(5)
									40 C.F.R.
			 96.160 to
			 96.162 (Subpart GG),
			 "CAIR NOx Allowance Transfers";
(6)
									40 C.F.R.
			 96.170 to
			 96.175 (Subpart HH),
			 "Monitoring and Reporting"; and
(7)
									40
			 C.F.R. 96.180 to
			 96.188
			 (Subpart II), "CAIR NOx Opt-in Units".
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 51:220 - CAIR NOx ozone season trading program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100,
				224.20-100,
				224.20-110,
				224.20-120,
				40
				C.F.R. 51.121,
				51.122,
				72.2,
				75.1,
				75.2,
				75.4,
				75.11-75.13,
				75.17,
				75.19,
				75.20,
				75.24,
				75.70,
				75.72,
				75.74,
				75.75,
				Part 96,
				42
				U.S.C. 7410
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100(5) authorizes the
				Environmental and Public Protection Cabinet to promulgate administrative
				regulations for the prevention, abatement, and control of air pollution. This
				administrative regulation establishes requirements for the control of nitrogen
				oxides (NOx) emissions from large boilers and turbines used in power plants and
				other industrial applications, pursuant to the federal mandate published under
				the Clean Air Interstate Rule (CAIR),
				40
				C.F.R. 96.301 to
				96.388.
				This administrative regulation is not more stringent than the provisions
				allowed under the federal mandate.
Section
			 1. Applicability. This administrative regulation shall apply to:
(1) CAIR NOx Ozone Season units in Kentucky
			 subject to
			 40
			 C.F.R. 96.304;
(2) A new or existing industrial boiler or
			 turbine; or
(3) A new or existing
			 electric generating unit including a fossil fuel-fired boiler, combustion
			 turbine, or combined cycle system:
(a) Serving
			 a generator with a nameplate capacity greater than twenty-five (25) megawatts
			 of electricity; and
(b) Offering
			 some electricity for sale.
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 51:230 - CAIR SO[2] Trading Program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100,
				224.20-100,
				224.20-110,
				224.20-120,
				40
				C.F.R. 51.124,
				51.125, 73, 74, 77, 78,
				Part 96,
				42
				U.S.C. 7410
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100(5) requires the
				Environmental and Public Protection Cabinet to promulgate administrative
				regulations for the prevention, abatement, and control of air pollution. This
				administrative regulation establishes the provisions of the CAIR SO2 Trading
				Program as codified at
				40
				C.F.R. 96.201 to
				96.288
				for applicable sources located in the Commonwealth of Kentucky.
Section 1. Applicability. This administrative
			 regulation shall apply to CAIR SO2 sources and CAIR SO2 units under the CAIR
			 SO2 Trading Program located in Kentucky that are subject to
			 40
			 C.F.R. 96.204.
Section 2. Compliance requirements. CAIR SO2
			 sources and CAIR SO2 units shall comply with the following requirements:
(1)
									40
			 C.F.R. 96.201 to
			 96.208 (Subpart
			 AAA), "CAIR SO2 Trading Program General Provisions";
(2)
									40
			 C.F.R. 96.210 to
			 96.215
			 (Subpart BBB), "CAIR Designated Representative for CAIR SO2 Sources";
(3)
									40 C.F.R.
			 96.220 to
			 96.224
			 (Subpart CCC), "Permits";
(4)
									40
			 C.F.R. 96.250 to
			 96.257
			 (Subpart FFF), "CAIR SO2 Allowance Tracking System";
(5)
									40 C.F.R.
			 96.260 to
			 96.262 (Subpart
			 GGG), "CAIR SO2 Allowance Transfers";
(6)
									40 C.F.R.
			 96.270 to
			 96.275 (Subpart HHH),
			 "Monitoring and Reporting"; and
(7)
									40
			 C.F.R. 96.280 to
			 96.288
			 (Subpart III), "CAIR SO2 Opt-in Units".
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 51:240 - Cross-State Air Pollution Rule (CSAPR) NOx annual trading program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.1-010(8),
				KRS
				224.10-100,
				224.20-100,
				224.20-110,
				224.20-120,
				40
				C.F.R. 97.401-
				97.435,
				42
				U.S.C. 7410
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100(5) authorizes the
				cabinet to promulgate administrative regulations for the prevention, abatement,
				and control of air pollution. This administrative regulation establishes the
				requirements for the control of annual nitrogen oxides
				(NOx) emissions from large boilers and turbines used in
				power plants, pursuant to the Cross-State Air Pollution Rule (CSAPR)
				NOx annual trading program,
				40
				C.F.R. 97.401 through
				97.435,
				Subpart AAAAA for sources located in the Commonwealth of Kentucky. This
				administrative regulation is not more stringent than the provisions of the
				federal regulations.
Section 1.
			 Definitions.
(1) Except as established in
			 subsection (2) of this section, terms shall have the meaning established in
			 40
			 C.F.R. 97.402 and
			 97.403,
			 as published July 1, 2017.
(2)
			 "Permitting Authority" means:
(a) For a unit
			 located in Kentucky, the cabinet, as defined by
			 KRS
			 224.1-010(8); and
(b) For a unit located outside of the
			 Commonwealth of Kentucky participating in the trading program, "permitting
			 authority" as defined by
			 40
			 C.F.R. 97.402.
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 51:250 - Cross-State Air Pollution Rule (CSAPR) NOx ozone season group 2 trading program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.1-010,
				224.10-100,
				224.20-100,
				224.20-110,
				224.20-120,
				40 C.F.R. 97.801-97.835,
				42
				U.S.C. 7410
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100(5) authorizes the
				cabinet to promulgate administrative regulations for the prevention, abatement,
				and control of air pollution. This administrative regulation establishes the
				requirements for the control of ozone season nitrogen oxides
				(NOx) emissions from large boilers and turbines used in
				power plants, pursuant to the Cross-State Air Pollution Rule (CSAPR) NOx ozone
				season group 2 trading program, 40 C.F.R. 97.801 through 97.835, Subpart EEEEE
				for sources located in the Commonwealth of Kentucky. This administrative
				regulation is not more stringent than the provisions of the federal
				regulations.
Section 1. Definitions.
(1) Except as established in subsection (2)
			 of this section, terms shall have the meaning established in 40 C.F.R. 97.802
			 and 97.803, as published July 1, 2017.
(2) "Permitting Authority" means:
(a) For a unit located in Kentucky, the
			 cabinet, as defined by
			 KRS
			 224.1-010(8); and
(b) For a unit located outside of the
			 Commonwealth of Kentucky participating in the trading program, "permitting
			 authority" as defined by 40 C.F.R. 97.802.
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 51:260 - Cross-State Air Pollution Rule (CSAPR) SO[2] group 1 trading program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.1-010,
				KRS
				224.10-100,
				224.20-100,
				224.20-110,
				224.20-120,
				40
				C.F.R. 97.601-97.635,
				42
				U.S.C. 7410
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100(5) authorizes the
				cabinet to promulgate administrative regulations for the prevention, abatement,
				and control of air pollution. This administrative regulation establishes the
				requirements for the control of sulfur dioxide (SO2) emissions from large
				boilers and turbines used in power plants, pursuant to the Cross-State Air
				Pollution Rule (CSAPR) SO2 group 1 trading program,
				40
				C.F.R. 97.601 through
				97.635,
				Subpart CCCCC for sources located in the Commonwealth of Kentucky. This
				administrative regulation is not more stringent than the provisions of the
				federal regulations.
Section 1.
			 Definitions.
(1) Except as established in
			 subsection (2) of this section, terms shall have the meaning established in
			 40
			 C.F.R. 97.602 and
			 97.603,
			 as published July 1, 2017.
(2)
			 "Permitting Authority" means:
(a) For a unit
			 located in Kentucky, the cabinet, as defined by
			 KRS
			 224.1-010(8); and
(b) For a unit located outside of the
			 Commonwealth of Kentucky participating in the trading program, "permitting
			 authority" as defined by
			 40
			 C.F.R. 97.602.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 52 - Permits, Registrations, and Prohibitory Rules › Section 401 KAR 52:020 - Title V permits

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100,
				224.20-100,
				224.20-110,
				224.20-120,
				40 C.F.R. Part 70,
				42
				U.S.C. 7661-7661(f)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 requires the Environmental and
				Public Protection Cabinet to promulgate administrative regulations for the
				prevention, abatement, and control of air pollution. This administrative
				regulation establishes requirements for air contaminant sources located in
				Kentucky that are required to obtain a Title V permit.
Section 1. Applicability. This administrative
			 regulation shall apply to sources required to obtain a Title V permit,
			 including:
(1) Major sources;
(2) Affected sources subject to the Acid Rain
			 Program;
(3) Sources subject to new
			 source review under
			 401
			 KAR 51:017 or
			 401
			 KAR 51:052; and
(4) Sources that are:
(a) Subject to a federal standard promulgated
			 under
			 42 U.S.C.
			 7411 (NSPS) or
			 42 U.S.C.
			 7412 (NESHAP); and
(b) Not exempted or deferred from Title V
			 permitting by the U.S. EPA.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 52 - Permits, Registrations, and Prohibitory Rules › Section 401 KAR 52:030 - Federally-enforceable permits for nonmajor sources

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100,
				224.20-100,
				224.20-110,
				224.20-120,
				40 C.F.R. Part 70,
				42
				U.S.C. 7661-7661(f)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 requires the Environmental and
				Public Protection Cabinet to promulgate administrative regulations for the
				prevention, abatement, and control of air pollution. This administrative
				regulation establishes requirements for air contaminant sources located in
				Kentucky that accept emission limitations to avoid the New Source Review
				requirements under Title I of the Clean Air Act or the Operating Permit Program
				requirements under Title V of the Clean Air Act.
Section 1. Applicability. This administrative
			 regulation shall apply to sources that accept permit conditions that are
			 legally and practically enforceable to limit their potential to emit (PTE)
			 below the major source thresholds that would make them subject to
			 401 KAR
			 52:020.
Section
			 2. Exemptions.
(1) The following
			 sources shall be exempt from this administrative regulation:
(a) Sources required to be registered under
			 401 KAR
			 52:070;
(b) Sources required to be permitted under
			 401 KAR
			 52:040;
(c) Sources required to be permitted under
			 401 KAR 52:020;
			 and
(d) Sources subject only to the
			 requirements of
			 40 CFR
			 60.530 to
			 60.539b,
			 Standards of Performance for New Residential Wood Heaters.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 52 - Permits, Registrations, and Prohibitory Rules › Section 401 KAR 52:040 - State-origin permits

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100,
				224.20-100,
				224.20-110,
				224.20-120,
				42 U.S.C.
				7412,
				7429
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 requires the Environmental and
				Public Protection Cabinet to promulgate administrative regulations for the
				prevention, abatement, and control of air pollution. This administrative
				regulation establishes requirements for minor sources whose permits are not
				required to be federally enforceable.
Section
			 1. Applicability. This administrative regulation shall apply to:
(1) Sources that emit or have the potential
			 to emit (PTE):
(a) More than twenty-five (25)
			 and less than 100 tons per year (tpy) of a nonhazardous regulated air
			 pollutant; and
(b) Less than ten
			 (10) tpy of a HAP and less than twenty-five (25) tpy of combined HAPS;
			 or
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 52 - Permits, Registrations, and Prohibitory Rules › Section 401 KAR 52:050 - Permit application, registration application, and compliance forms

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100,
				224.20-100,
				224.20-110,
				224.20-120,
				40 C.F.R. Part 51, Part 70,
				42 U.S.C.
				7401-7671q
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100(5) authorizes the
				cabinet to promulgate administrative regulations for the prevention, abatement,
				and control of air pollution. This administrative regulation establishes and
				incorporates by reference the application and compliance forms used to permit
				or register air contaminant sources in Kentucky.
Section 1. Applicability.
(1) An applicant shall use forms DEP7007 AI
			 through HH, to apply for a permit, permit revision, permit renewal, or
			 registration pursuant to
			 401 KAR 52:020,
			 Section 4(1); 52:030, Section 4(1); 52:040, Section 4(1); or 52:070, Section
			 7(1), as applicable.
(2) An
			 applicant may use previous versions of the forms incorporated by reference in
			 this administrative regulation until July 1, 2019.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 52 - Permits, Registrations, and Prohibitory Rules › Section 401 KAR 52:060 - Acid rain permits

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100,
				224.20-100,
				224.20-110,
				224.20-120,
				40 C.F.R. Parts 72-78,
				42 U.S.C.
				7651-7661(f)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 requires the Environmental and
				Public Protection Cabinet to promulgate administrative regulations for the
				prevention, abatement, and control of air pollution. This administrative
				regulation incorporates by reference the federal acid rain provisions as
				codified at 40 C.F.R. Parts 72 to 78.
Section
			 1. Applicability. This administrative regulation shall apply to
			 affected sources and affected units under the Acid Rain Program, pursuant to
			 42 U.S.C.
			 7651 to
			 7651o.
			 Applicability determination is set forth under
			 40
			 C.F.R. 72.6.
Section 2. Incorporation by Reference.
(1) The following material is incorporated by
			 reference:
(a) 40 C.F.R. Part 72 , "Permits
			 Regulation", as published in the Code of Federal Regulations, 40 C.F.R. Parts
			 72 to 80, July 1, 1999;
(b) 40
			 C.F.R. Part 73 , "Sulfur Dioxide Allowance System", as published in the Code of
			 Federal Regulations, 40 C.F.R. Parts 72 to 80, July 1, 1999;
(c) 40 C.F.R. Part 74 , "Sulfur Dioxide
			 Opt-Ins", as published in the Code of Federal Regulations, 40 C.F.R. Parts 72
			 to 80, July 1, 1999;
(d) 40 C.F.R.
			 Part 75 , "Continuous Emission Monitoring", as published in the Code of Federal
			 Regulations, 40 C.F.R. Parts 72 to 80, July 1, 1999;
(e) 40 C.F.R. Part 76 , "Acid Rain Nitrogen
			 Oxides Emission Reduction Program", as published in the Code of Federal
			 Regulations, 40 C.F.R. Parts 72 to 80, July 1, 1999, and as amended at 64 Fed.
			 Reg. 55834, October 15, 1999;
(f)
			 40 C.F.R. Part 77 , "Excess Emissions", as published in the Code of Federal
			 Regulations, 40 C.F.R. Parts 72 to 80, July 1, 1999;
(g) 40 C.F.R. Part 78 , "Appeal Procedures
			 for Acid Rain Program", as published in the Code of Federal Regulations, 40
			 C.F.R. Parts 72 to 80, July 1, 1999;
(h) "Acid Rain Program Forms", U.S. EPA,
			 January 2000; and
(i) "OTC
			 NOx Budget Program Forms", U.S. EPA, August
			 1999.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 52 - Permits, Registrations, and Prohibitory Rules › Section 401 KAR 52:070 - Registration of air contaminant sources

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100,
				224.20-100,
				224.20-110,
				224.20-120,
				40 C.F.R. Parts 60, 61, and 63
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100(5) authorizes the
				cabinet to promulgate administrative regulations for the prevention, abatement,
				and control of air pollution. This administrative regulation establishes the
				procedure for the registration of air contaminant sources in Kentucky.
Section 1. Applicability.
(1) This administrative regulation shall
			 apply to:
(a) A source that has the PTE:
1. Two (2) tpy or more but less than ten (10)
			 tpy of a HAP;
2. Five (5) tpy or
			 more but less than twenty-five (25) tpy of combined HAPs;
3. Ten (10) tpy or more but not more than
			 twenty-five (25) tpy of a regulated air pollutant subject to an applicable
			 requirement that does not specify the method for achieving
			 compliance;
4. Ten (10) tpy or more
			 but less than 100 tpy of a regulated air pollutant subject to an applicable
			 requirement that clearly specifies the method of compliance; or
5. Ten (10) tpy or more but less than 100
			 tons per year of a regulated air pollutant for which there is no applicable
			 requirement; or
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 52 - Permits, Registrations, and Prohibitory Rules › Section 401 KAR 52:090 - Prohibitory rule for hot mix asphalt plants

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100,
				224.20-100,
				224.20-110,
				224.20-120
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 requires the Environmental and
				Public Protection Cabinet to promulgate administrative regulations for the
				prevention, abatement, and control of air pollution. There is no federal
				mandate for this administrative regulation. This administrative regulation sets
				production limits for hot mix asphalt plants, which keeps their emissions below
				the major source threshold and avoids the necessity of having to obtain a Title
				V or conditional major permit.
Section
			 1. Applicability.
(1) This
			 administrative regulation shall apply to hot mix asphalt plants:
(a) Whose potential to emit (PTE) equals or
			 exceeds a major source threshold for Title V;
(b) Who have not been issued a Title V or
			 conditional major permit; and
(c)
			 Who operate in compliance with:
1.
											401 KAR
			 59:010 or
			 401 KAR
			 61:020 as applicable; and
2. The operational limits, fuel restrictions,
			 and recordkeeping and reporting requirements of this administrative
			 regulation.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 52 - Permits, Registrations, and Prohibitory Rules › Section 401 KAR 52:100 - Public, affected state, and US EPA review

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100,
				224.20-100,
				224.20-110,
				224.20-120,
				40 C.F.R. Part 2, Part 51, Part 70,
				42
				U.S.C. 7410, 7661-7661f
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 authorizes the cabinet to
				promulgate administrative regulations for the prevention, abatement, and
				control of air pollution. This administrative regulation establishes the
				procedures used by the cabinet to provide for the review of federally
				enforceable permits by the public, affected states, and the U.S. EPA.
Section 1. Applicability. This administrative
			 regulation shall apply to the permit actions established in
			 401 KAR 52:020
			 and
			 401 KAR
			 52:030 that require public, affected state, and U.S.
			 EPA review.
Section 2. Public
			 Comment Period.
(1) For permit actions that
			 require public review, the cabinet shall:
(a)
			 Provide a minimum of thirty (30) days for public comment; and
(b) Prepare a response to the comments
			 received during the comment period.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 53 - Ambient Air Quality › Section 401 KAR 53:005 - General provisions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.20-100,
				224.20-110,
				244.20-120
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 requires the Environmental and
				Public Protection Cabinet to prescribe administrative regulations for the
				prevention, abatement, and control of air pollution. This administrative
				regulation is to provide for the establishment of general provisions,
				definitions and time schedules as they pertain to this chapter.
Section 1. Purpose and Intention.
(1) The purpose of the primary ambient air
			 quality standards is to define levels of air quality which the cabinet judges
			 are necessary, with an adequate margin of safety, to protect the public health.
			 Secondary ambient air quality standards define levels of air quality which the
			 cabinet judges necessary to protect the public welfare from any known or
			 anticipated adverse effects of a pollutant.
(2) In the establishment of these standards,
			 it is the intention of the cabinet to prohibit further significant and
			 avoidable deterioration of air quality in areas where air quality presently
			 exists which is numerically equal to or less than the standards expressed
			 herein.
(3) Except as provided in
			 401 KAR
			 51:010, no person shall violate, or interfere with the
			 attainment or maintenance of, ambient air quality standards as specified in
			 401 KAR
			 53:010.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 55 - Emergency Episodes › Section 401 KAR 55:005 - Significant harm criteria

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.20-110,
				224.20-110,
				224.20-120
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 requires the Environmental and
				Public Protection Cabinet to prescribe administrative regulations for the
				prevention, abatement, and control of air pollution. This administrative
				regulation defines those levels of pollutant concentration which must be
				prevented in order to avoid significant harm to the health of persons.
Section 1. Purpose. Notwithstanding any other
			 provision of the administrative regulations of the Division for Air Quality,
			 this chapter is designed to prevent ambient pollutant concentrations at any
			 location from reaching the following levels which could cause significant harm
			 to the health of persons.
(1) Sulfur dioxide:
			 2,620 micrograms per cubic meter (1.0 ppm), twenty-four (24) hour
			 average.
(2) Particulate: matter,
			 measured as PM10: 600 micrograms per cubic meter,
			 twenty-four (24) hour average.
(3)
			 Carbon monoxide: 57.5 milligrams per cubic meter (fifty (50) ppm), eight (8)
			 hour average. 86.3 milligrams per cubic meter (seventy-five (75) ppm), four (4)
			 hour average. 144 milligrams per cubic meter (125 ppm), one (1) hour
			 average.
(4) Ozone: 1,200
			 micrograms per cubic meter (0.6 ppm), one (1) hour average.
(5) Nitrogen dioxide: 3,750 micrograms per
			 cubic meter (two (2.0) ppm), one (1) hour average. 938 micrograms per cubic
			 meter (five-tenths (0.5) ppm), twenty-four (24) hour average.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 55 - Emergency Episodes › Section 401 KAR 55:015 - Episode declaration

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 224
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 requires the Environmental and
				Public Protection Cabinet to prescribe administrative regulations for the
				prevention, abatement, and control of air pollution. This administrative
				regulation requires the owner or operator of an air contaminant source to take
				action to reduce air contaminant emissions whenever an air pollution alert, air
				pollution warning, or air pollution emergency is declared.
Section 1. General.
(1) The intent of this administrative
			 regulation is to provide for the curtailment or reduction of processes or
			 operations which emit an air contaminant or an air contaminant precursor whose
			 criteria has been reached and are located in the affected area for which an
			 episode level has been declared.
(2) Any person responsible for the operation
			 of an air contaminant source as set forth in
			 401 KAR
			 55:020 shall take all actions required by this
			 administrative regulation irrespective of any economic hardship which may be
			 incurred due to such actions.
(3)
			 When the director determines that specified criteria are being approached and
			 may be reached at one (1) or more monitoring sites solely because of emissions
			 from a limited number of sources or processes, he may act to prevent the
			 attainment of the episode level by notifying such source(s) that the abatement
			 strategies as described in
			 401 KAR
			 55:020 or the standby plans are required insofar as it
			 applies to such source(s), and shall be put into effect until a satisfactory
			 reduction in the ambient pollution concentration has been
			 achieved.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 55 - Emergency Episodes › Section 401 KAR 55:020 - Abatement strategies

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 224
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 requires the Environmental and
				Public Protection Cabinet to prescribe administrative regulations for the
				prevention, abatement, and control of air pollution. This administrative
				regulation sets forth in detail action that must be taken by air contaminant
				sources when an episode is declared.
Section
			 1. Standby Plans.
(1) Any person
			 responsible for the operation of a source of air pollutants as set forth in
			 Sections 2 to 4 of this administrative regulation, shall prepare standby plans
			 for reducing the emission of air pollutants during episode periods (air
			 pollution alert, warning, and emergency). Standby plans shall be designed to
			 reduce or eliminate emission of air pollutants in accordance with the
			 objectives set forth in Sections 2 to 4 of this administrative
			 regulation.
(2) Any person
			 responsible for the operation of a source of air pollutants not set forth under
			 subsection (1) of this section shall, when requested by the director in
			 writing, prepare standby plans for reducing the emission of air pollutants
			 during episode periods. Standby plans shall be designed to reduce or eliminate
			 emissions of air pollutants in accordance with the objectives set forth in
			 Sections 2 to 4 of this administrative regulation.
(3) Standby plans as required under
			 subsections (1) and (2) of this section shall be in writing and identify the
			 source of air pollutants, the approximate amount of reduction of pollutants,
			 and a brief description of the manner in which the reduction will be achieved
			 during episode periods.
(4) During
			 episode periods, standby plans required by this section shall be made available
			 on the premises to any person authorized to enforce the provisions of the
			 standby plan.
(5) Standby plans
			 required by this section shall be submitted to the cabinet upon request within
			 thirty (30) days of the receipt of such request; such plans shall be subject to
			 review and approval by the cabinet. If in the opinion of the cabinet, a plan
			 does not effectively carry out the objectives as set forth in Sections 2 to 4
			 of this administrative regulation, the cabinet may disapprove it, state its
			 reasons for disapproval and order the preparation of an amended plan within the
			 time period specified in the order.