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 50:038 - Air emissions fee

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100,
				224.10-230,
				224.20-050,
				224.20-100,
				224.20-130,
				40 C.F.R. Part 70,
				42 U.S.C.
				7401-7671q,
				et seq.
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 provides for the assessment of fees necessary to fund the state
				permit program as defined in Section 1(8) of this administrative
				regulation.
Section 1. Definitions. As
			 used in this administrative regulation, terms defined in this section shall
			 have the following meanings. All terms not defined in this section shall have
			 the meaning given them in
			 401 KAR
			 50:010.
(1) "Act,"
			 "Clean Air Act," or "CAA" means
			 42 USC
			 7401 through
			 7671q.
(2) "Actual emissions" means the amount of a
			 pollutant actually emitted in the calendar year immediately preceding the
			 fiscal year during which an emissions fee is assessed, as recorded by the
			 Kentucky Emissions Inventory System (KyEIS).
(3) "Designated representative" means a
			 responsible person authorized by the owners and operators of an affected source
			 and of all affected units at the source, as evidenced by a certificate of
			 representation submitted to the U.S. EPA pursuant to
			 40
			 CFR 72.20(b), to represent
			 and legally bind each owner and operator, as a matter of federal law, in all
			 matters pertaining to the acid rain program.
(4) "Emissions fee" means the amount of money
			 assessed by the cabinet to fund the cost of administering the operating permit
			 program.
(5) "Fiscal year" means
			 the period beginning July 1 and ending the following June 30.
(6) "Hazardous air pollutant" means a
			 pollutant listed in
			 401
			 KAR 63:060.
(7) "Kentucky emissions inventory system" or
			 "KyEIS" means a database used by the cabinet to record, among other
			 information, emissions of air pollutants from Kentucky sources.
(8) "Permit program" means the issuance and
			 enforcement of permits for all sources subject to this administrative
			 regulation.
(a) Permit program includes:
1. The review of permit applications and
			 exemptions;
2. The issuance of
			 permits to air pollution sources;
3. Inspections of air pollution
			 sources;
4. Enforcement activities
			 other than prosecutions in a court of law or administrative hearings;
5. Air quality and emissions monitoring,
			 including quality assurance;
6. The
			 preparation of generally applicable reports, plans, administrative regulations,
			 and statutes;
7. Responses to
			 inquiries;
8. Preparing inventories
			 and tracking emissions;
9. The
			 preparation and maintenance of records, including computerized data
			 bases;
10. Air quality modeling,
			 analyses, and demonstrations; and
11. Providing direct and indirect support
			 through a small business technical assistance program.
(b) Permit program does not include:
1. The control of asbestos emissions from
			 renovations or demolitions, or any activities required under the Asbestos
			 Hazard Emergency Response Act (AHERA);
2. The issuance of permits or the enforcement
			 of permit conditions required only by
			 401 KAR
			 63:020,
			 401 KAR
			 63:021, or 401 KAR 63:022, or any other applicable
			 requirement, as defined in
			 401 KAR
			 52:001, that is not required to be federally
			 enforceable; or
3. The control and
			 enforcement of any activity not required to be permitted, and the enforcement
			 of applicable requirements at any source not required to have a
			 permit.
(9)
			 "Responsible official" means one (1) of the following:
(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
			 decision-making functions for the corporation, or a duly authorized
			 representative of that person if the representative is responsible for the
			 overall operation of one (1) or more manufacturing, production, or operating
			 facilities applying for or subject to a permit and either:
1. The facilities employ more than 250
			 persons or have gross annual sales or expenditures exceeding $25 million (in
			 second quarter 1980 dollars); or
2.
			 The delegation of authority to the representative is approved in advance by the
			 cabinet;
(b) For a
			 partnership or 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. For this administrative regulation, the
			 principal executive officer of a federal agency includes the chief executive
			 officer having responsibility for the overall operation of a principal
			 geographic unit of the agency; or
(d) For affected sources, if requested by the
			 source, the designated representative.
(10) "Subject emissions" means actual
			 emissions, as recorded in the Kentucky emissions inventory system, of sulfur
			 dioxide, oxides of nitrogen, PM10, lead, volatile
			 organic compounds, hazardous air pollutants listed in 401 KAR 57:061 for which
			 a standard applies, or a pollutant subject to a standard contained in Section
			 111 of the Act, from an air pollution source subject to this administrative
			 regulation, except that actual emissions in excess of 4,000 tons of a single
			 pollutant from a source shall not be subject emissions. Pollutants subject only
			 to 42 USC 7412r (Section 112(r) of the Act), and pollutants that are class I or
			 class II substances under
			 42
			 USC 7671 through
			 7671q
			 and which are not otherwise regulated shall not be subject
			 emissions.