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 51:052 - Review of new sources in or impacting upon nonattainment areas

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. Part 51 Appendix S, Part 51 Subpart I, 51.165, 51.166, 51.300,
				51.307, 52.21, 60, 61, 70.6, Part 81 Subpart D, 81.318,
				42 U.S.C.
				7401-7671q
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 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 not
				more stringent than the corresponding federal requirements.
Section 1. Applicability. This administrative
			 regulation shall apply to the construction of a new major stationary source or
			 a project that is a major modification at an existing major stationary source,
			 which commences construction after September 22, 1982, and locates in or
			 impacts upon an area designated nonattainment under
			 42 U.S.C.
			 7407(d)(1)(A)(i).
(1) The provisions of this administrative
			 regulation relating to visibility protection shall also apply to major sources
			 or major modifications in nonattainment areas that potentially have an impact
			 on visibility in a mandatory Class I federal 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
			 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 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 pursuant to
			 401 KAR
			 51:001, Section 1(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
			 requirements of Section 11 of this administrative regulation.