Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 52 - Permits, Registrations, and Prohibitory Rules › Section 401 KAR 52:001 - Definitions for 401 KAR Chapter 52

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. Parts 50-53, 60-63, 70-78,
				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 defines the terms
				used in 401 KAR Chapter 52. The definitions contained in this administrative
				regulation are neither more stringent nor otherwise different than the
				corresponding federal definitions.
Section
			 1. Definitions. The definitions with citations to the Code of
			 Federal Regulations shall be governed by 40 C.F.R. Parts 50 through 96,
			 effective July 1, 2010.
(1) "Acid Rain
			 Program" means the national program for reducing SO2 and
			 NOx emissions established under
			 42 U.S.C.
			 7651 to
			 7651o
			 (Title IV of the Act) and codified at 40 C.F.R. Parts 72 to 78.
(2) "Act" means the Clean Air Act established
			 under
			 42 U.S.C.
			 7401 to
			 7671q.
(3) "Actual emissions" means the quantity of
			 an air pollutant that is physically emitted into the ambient air during a
			 specified time period.
(4)
			 "Affected facility" means an apparatus, building, operation, road, or other
			 entity or series of entities that emits or may emit an air contaminant into the
			 outdoor atmosphere.
(5) "Affected
			 source" means a source that includes one (1) or more affected units.
(6) "Affected state" means a state that:
(a) Borders Kentucky and whose air quality
			 may be affected by the proposed permit, permit revision, or permit renewal;
			 or
(b) Is situated within fifty
			 (50) miles of the source requesting the proposed permit action.
(7) "Affected unit" means a unit
			 subject to the Acid Rain Program.
(8) "Air contaminant" is defined by
			 KRS
			 224.1-010(1).
(9) "Air pollutant" means air
			 contaminant.
(10) "Air pollution"
			 is defined by
			 KRS
			 224.1-010(3).
(11) "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 product of the source or to its
			 normal operation.
(12) "Alternative
			 method" is defined by
			 40
			 C.F.R. 60.2. For purposes of this definition,
			 "administrator" means both the U.S. EPA and the cabinet.
(13) "Ambient air" means that portion of the
			 atmosphere, external to buildings, to which the general public has
			 access.
(14) "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
			 through the application of appropriate preventive or control
			 measures.
(15) "Applicable
			 requirement" means a state-origin or federally enforceable requirement or
			 standard that applies to a source.
(16) "Batch mix plant" means a source or
			 affected facility that produces hot mix asphalt by heating and drying the
			 aggregate in a dryer before separating and mixing it with asphalt cement in
			 separate batches.
(17) "Cabinet" is
			 defined by
			 KRS
			 224.1-010(9).
(18) "Capital expenditure" is defined by
			 40
			 C.F.R. 60.2.
(19) "Commence" means that an owner or
			 operator has undertaken a continuous program of construction, modification, or
			 reconstruction of an affected facility, 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 affected facility.
(20) "Construction" means fabrication,
			 erection, installation, or modification of an air contaminant source.
(21) "Continuous monitoring system" means the
			 total equipment, required under the applicable administrative regulations in
			 401 KAR Chapters 50 to 65, used to sample, to condition (if applicable), to
			 analyze, and to provide a permanent record of emissions or process
			 parameters.
(22) "Control device"
			 means equipment such as an incinerator or carbon adsorber used to reduce, by
			 destruction or removal, the amount of air pollutants in an air stream prior to
			 discharge to the ambient air.
(23)
			 "Control system" means a combination of one (1) or more capture systems and
			 control devices working in concert to reduce discharges of pollutants to the
			 ambient air.
(24) "Designated
			 representative" means a person authorized by the owner or operator 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 in accordance with
			 40
			 C.F.R. 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. In matters relating to the
			 acid rain portion of a Title V permit, the term "responsible official", as
			 defined in this section, means the designated representative.
(25) "Draft permit" means the version of a
			 federally enforceable permit, which the cabinet offers for public review and
			 any applicable affected state review.
(26) "Drum mix plant" means a source or
			 affected facility that produces hot mix asphalt by heating, drying, and mixing
			 the aggregate with asphalt cement in one (1) operation.
(27) "Emergency" means a situation arising
			 from a sudden and reasonably unforeseeable event beyond the control of the
			 source that:
(a) Requires immediate corrective
			 action to restore normal operation;
(b) Causes the source to exceed a
			 technology-based emission limitation in the permit due to unavoidable increases
			 in emissions attributable to the emergency; and
(c) Does not include noncompliance caused by
			 improperly designed equipment, lack of preventive maintenance, careless or
			 improper operation, or operator error.
(28) "Emission standard" means the numerical
			 expression of quantity per unit of time or other parameter that limits the
			 amount of a regulated air pollutant that a source or emission unit is allowed
			 to emit to the ambient air.
(29)
			 "Emission unit" means an affected facility, or a part or activity of a source,
			 that emits or has the potential to emit a regulated air pollutant and does not
			 alter the definition of the term "unit" as used in the Acid Rain
			 Program.
(30) "Emissions fee" means
			 the annual fee assessed to a source as prescribed in
			 401 KAR 50:038,
			 made effective April 12, 1995.
(31)
			 "Enforceable as a practical matter" means that the emission or other standards
			 contained in a permit or 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 demonstrate
			 compliance with the standards; and
(c) The method the source will use to achieve
			 and demonstrate compliance with the standards, including appropriate
			 monitoring, recordkeeping, and reporting.
(32) "Equivalent method" means a method of
			 sampling and analyzing for an air pollutant that has been demonstrated to the
			 cabinet and the U.S. EPA pursuant to
			 40
			 C.F.R. 53.3 to have a consistent and
			 quantitatively known relationship to the reference method, under specified
			 conditions.
(33) "Exempt compound"
			 or "exempt solvent" means an organic compound listed in the definition of
			 volatile organic compound as not participating in atmospheric photochemical
			 reactions.
(34) "Federally
			 enforceable requirement" means an item specified in this subsection as it
			 applies to an emission unit at a source subject to 40 C.F.R. Part 70 ,
			 including a requirement promulgated or approved by the U.S. EPA in conjunction
			 with the permit issuance but which has future-effective compliance dates.
(a) A standard or requirement in the SIP that
			 implements the relevant requirements of the Act, including a revision to that
			 plan promulgated at 40 C.F.R. Part 52 ;
(b) A term or condition of a preconstruction
			 permit issued pursuant to an applicable administrative regulation in 401 KAR
			 Chapters 50 to 65 approved or promulgated pursuant to
			 42 U.S.C.
			 7401 to
			 7515;
(c) A standard or other requirement
			 promulgated pursuant to
			 42 U.S.C.
			 7411 or
			 7429
			 governing solid waste incinerators;
(d) A standard or other requirement
			 promulgated pursuant to
			 42 U.S.C.
			 7412;
(e) A standard or requirement of the Acid
			 Rain Program;
(f) A requirement
			 established pursuant to
			 42 U.S.C.
			 7414(a)(3) or
			 7661c(b)
			 for monitoring and compliance certification;
(g) A national ambient air quality standard
			 or increment or visibility requirement pursuant to
			 42 U.S.C.
			 7470 to
			 7492 for a temporary
			 source permitted pursuant to
			 42 U.S.C.
			 7661c(e);
(h) A standard or other requirement for
			 consumer and commercial products adopted pursuant to
			 42 U.S.C.
			 7511b(e);
(i) A standard or other requirement for a
			 tank vessel adopted pursuant to
			 42 U.S.C.
			 7511b(f); and
(j) A standard or other requirement to
			 protect stratospheric ozone adopted pursuant to
			 42
			 U.S.C. 7671 to
			 7671q,
			 unless the U.S. EPA determines that those requirements need not be contained in
			 the permit.
(35) "Final
			 permit" means:
(a) For a federally
			 enforceable permit, the version issued by the cabinet that has completed all
			 the applicable review procedures of
			 401 KAR
			 52:100 and for which a final determination has been
			 made; or
(b) For a state-origin
			 permit, the version that meets the applicable provisions of
			 401 KAR
			 52:040, and for which a final determination has been
			 made.
(36) "Fixed capital
			 cost" means the capital needed to provide all the depreciable
			 components.
(37) "Fuel" means
			 natural gas; petroleum; coal; wood; or a form of solid, liquid, or gaseous fuel
			 derived from these materials for the purpose of creating useful heat.
(38) "Fugitive emissions" means those
			 emissions that could not reasonably pass through a stack, chimney, vent, or
			 other functionally equivalent opening.
(39) "Hazardous air pollutant" or "HAP" means
			 a pollutant listed pursuant to
			 42 U.S.C.
			 7412(b).
(40) "Hot mix asphalt plant" means a
			 stationary source or portable affected facility that manufactures hot mix
			 asphalt by heating and drying aggregate and mixing it with asphalt
			 cements.
(41) "Hydrocarbon" means
			 an organic compound consisting predominantly of carbon and hydrogen.
(42) "Incineration" means the process of
			 igniting and burning solid, semisolid, liquid, or gaseous combustible
			 wastes.
(43) "Intermittent
			 emissions" means emissions of particulate matter into the open air from a
			 process that operates for less than any six (6) consecutive minutes.
(44) "KyEIS" means the Kentucky Emissions
			 Inventory System.
(45) "Major
			 source" means a stationary source or a group of stationary sources that emits
			 or has a potential to emit a pollutant that is subject to regulation at or
			 above a major source threshold and:
(a) For
			 HAPs:
1. Is located within a contiguous
			 area;
2. Is under common
			 control;
3. Includes all fugitive
			 HAP emissions in determining if the source is major; and
4. Even if the units are in a contiguous area
			 under common control, emissions are not aggregated with emissions from other
			 similar units to determine major source status for:
a. Oil or gas exploration or production wells
			 and the associated equipment; or
b.
			 Pipeline compressors or pump stations; and
(b) For regulated air pollutants other than
			 HAPs:
1. Is located on one (1) or more
			 contiguous or adjacent properties;
2. Is under common control;
3. Belongs to a single major industrial
			 grouping where all of the pollutant emitting activities belong to the same
			 major group (i.e., all have the same two (2) digit code) as described in the
			 1987 Standard Industrial Classification (SIC) Manual; and
4. Fugitive emissions are considered in
			 determining if the source is major if it belongs to a category listed in this
			 clause:
a. Coal cleaning plants (with thermal
			 dryers);
b. Kraft pulp
			 mills;
c. Portland cement
			 plants;
d. Primary zinc
			 smelters;
e. Iron and steel
			 mills;
f. Primary aluminum ore
			 reduction plants;
g. Primary copper
			 smelters;
h. Municipal incinerators
			 capable of charging more than 250 tons of refuse per day;
i. Hydrofluoric, sulfuric, or nitric acid
			 plants;
j. Petroleum
			 refineries;
k. Lime
			 plants;
l. Phosphate rock
			 processing plants;
m. Coke oven
			 batteries;
n. Sulfur recovery
			 plants;
o. 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;
u. Fossil-fuel
			 boilers (or a combination thereof) totaling more than 250 million BTU per hour
			 heat input;
v. Petroleum storage
			 and transfer units with a total storage capacity of more than 300,000
			 barrels;
w. Taconite ore processing
			 plants;
x. Glass fiber processing
			 plants;
y. Charcoal production
			 plants;
z. Fossil-fuel-fired steam
			 electric plants of more than 250 million BTU per hour of heat input;
			 or
aa. All other stationary source
			 categories subject to a standard promulgated pursuant to
			 42 U.S.C.
			 7411 or
			 42 U.S.C.
			 7412 and for which the U.S. EPA has made an
			 affirmative determination pursuant to
			 42
			 U.S.C.
			 7602(j).
(46) "Major source threshold" means PTE:
(a) For HAPs:
1. Ten (10) tons per year or more of a single
			 HAP;
2. Twenty-five (25) tons per
			 year or more of combined HAPs; or
3. A lesser quantity that the U.S. EPA
			 establishes in a final rulemaking;
(b) 100 tons per year or more for regulated
			 air pollutants other than HAPs, except that:
1. For ozone nonattainment areas:
a. 100 tons per year or more of volatile
			 organic compounds or nitrogen oxides in areas classified as marginal or
			 moderate;
b. Fifty (50) tons per
			 year or more in areas classified as serious;
c. Twenty-five (25) tons per year or more in
			 areas classified as severe; or
d.
			 Ten (10) tons per year or more in areas classified as extreme;
2. Fifty (50) tons per year or
			 more of carbon monoxide for carbon monoxide nonattainment areas that are
			 classified as serious and in which stationary sources contribute significantly
			 to carbon monoxide levels; or
3.
			 Seventy (70) tons per year or more of particulate matter
			 (PM10) for PM10 nonattainment
			 areas classified as serious; or
(c) A quantity established by the U.S. EPA in
			 a final rulemaking for a pollutant that is subject to regulation.
(47) "Malfunction" means a sudden
			 and infrequent failure of air pollution control equipment, process equipment,
			 or a process to operate in a normal or usual manner that is not caused entirely
			 or in part by poor maintenance, careless operation, or other upset condition or
			 equipment breakdown that could have been reasonably prevented.
(48) "Marginal nonattainment county" or
			 "marginal nonattainment area" means a county or portion of a county designated
			 marginal nonattainment for the national ambient air quality standard for
			 ozone.
(49) "Minor source" means a
			 stationary source that emits and has the potential to emit less than the major
			 source thresholds.
(50) "Moderate
			 nonattainment county" or "moderate nonattainment area" means a county or
			 portion of a county designated moderate nonattainment for the national ambient
			 air quality standard for ozone.
(51) "Modification" means any physical change
			 in, or a change in the method of operation of, an affected facility that:
(a) Increases the amount of any regulated air
			 pollutant emitted into the atmosphere by that facility, or that results in the
			 emission of any regulated air pollutant into the atmosphere not previously
			 emitted; and
(b) Is not solely:
1. Maintenance, repair, and replacement that
			 the cabinet determines to be routine for a source category considering
			 available information;
2. An
			 increase in production rate of an affected facility, if that increase can be
			 accomplished without a capital expenditure on that facility;
3. An increase in the hours of
			 operation;
4. Use of an alternative
			 fuel or raw material if, prior to the date a standard becomes applicable to
			 that source type, the affected facility was designed to accommodate that
			 alternative use. A facility shall be 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. Conversion to coal
			 required for energy considerations, as specified in
			 42 U.S.C.
			 7411(a)(8);
6. The addition or use of a system or device
			 the primary function of which is the reduction of air pollutants, except if an
			 emission control system is removed or is replaced by a system that the cabinet
			 determines to be less environmentally beneficial; or
7. The relocation or change in ownership of a
			 source.
(52)
			 "Modification under Title I of the Act" means a change at a facility that
			 constitutes a modification under
			 42 U.S.C.
			 7470 to
			 7492 or
			 42
			 U.S.C. 7501 to
			 7515.
(53) "Opacity" means the degree to which
			 emissions reduce the transmission of light and obscure the view of an object in
			 the background.
(54) "Owner or
			 operator" means a person who owns, leases, operates, controls, or supervises an
			 affected facility or a source of which an affected facility is a
			 part.
(55) "Person" is defined by
			 KRS
			 224.1-010(17).
(56) "Potential to emit" or "PTE" means the
			 maximum capacity of a stationary source to emit a pollutant under its physical
			 and operational design in which:
(a) 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 material combusted, stored, or
			 processed is treated as part of its design if the limitation is enforceable as
			 a practical matter; and
(b) Use of
			 this term for other purposes of the Act or for the term "capacity factor" as
			 used in the Acid Rain Program is not altered.
(57) "Proposed permit" means the version of a
			 permit that the cabinet proposes to issue and submit to the U.S. EPA for a
			 forty-five (45) day review period.
(58) "Reconstruction" means the replacement
			 of components of an existing affected facility to the extent that:
(a) The fixed capital cost of the new
			 components exceeds fifty (50) percent of the fixed capital cost that would be
			 required to construct a comparable entirely new affected facility;
			 and
(b) It is technologically and
			 economically feasible to meet the applicable requirements in 401 KAR Chapters
			 50 to 65.
(59) "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 , Appendices A and B; 40 C.F.R. Part 61 , Appendix B; or 40
			 C.F.R. Part 63, Appendices A to D.
(60) "Regulated air pollutant" means:
(a) Nitrogen oxides;
(b) Volatile organic compounds;
(c) A pollutant for which a national ambient
			 air quality standard has been promulgated pursuant to
			 42
			 U.S.C. 7409 (Section 109 of the
			 Act);
(d) A Class I or Class II
			 substance subject to a standard promulgated or established pursuant to
			 42
			 U.S.C. 7671 to
			 7671q
			 (Title VI of the Act);
(e) A
			 pollutant subject to a standard promulgated pursuant to
			 42 U.S.C.
			 7411; or
(f) A hazardous air pollutant (HAP) subject
			 to a standard or other requirement established pursuant to
			 42 U.S.C.
			 7412.
(61) "Renewal" means the process by which a
			 permit is reissued at the end of its permit term.
(62) "Responsible official" 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
			 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
1. The facilities employ more than 250
			 persons or have gross annual sales or expenditures exceeding $25,000,000 (in
			 second quarter 1980 dollars); or
2.
			 The delegation of authority to the representative is approved by the cabinet in
			 advance pursuant to this subsection;
(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 (e.g., a
			 regional administrator of the U.S. EPA); or
(d) For the acid rain portion of a permit for
			 an affected source, the designated representative.
(63) "Section 502(b)(10) changes" means
			 changes that contravene an express permit term and does not include changes
			 that would violate applicable requirements or contravene federally enforceable
			 permit terms and conditions that are monitoring (including test methods),
			 recordkeeping, reporting, or compliance certification requirements.
(64) "Shutdown" means the cessation of an
			 operation.
(65) "Source" means one
			 (1) or more affected facilities contained within a given contiguous property
			 line, which means the property is separated only by a public thoroughfare,
			 stream, or other right of way.
(66)
			 "Standard" means an emission standard, a standard of performance, or an ambient
			 air quality standard promulgated in 401 KAR Chapters 50 to 65 or the emission
			 control requirements necessary to comply with 401 KAR Chapter 51.
(67) "Start-up" or "startup" means the
			 setting in operation of an affected facility.
(68) "State implementation plan" or "SIP"
			 means the most recently prepared plan or revision required by
			 42
			 U.S.C. 7410, that has been approved by the
			 U.S. EPA.
(69) "State-origin
			 permit" means a permit that is issued pursuant to
			 401 KAR
			 52:040 and is not federally enforceable.
(70) "State-origin requirement" means an
			 applicable requirement contained in 401 KAR Chapters 50 to 65, which is not
			 mandated by the Act and is not federally enforceable.
(71) "Stationary source" means a building,
			 structure, affected facility, or installation that emits or may emit a
			 regulated air pollutant or an air pollutant subject to regulation pursuant to
			 40
			 C.F.R. 70.2.
(72) "Subject to regulation" is defined by
			 40
			 C.F.R. 70.2 for the Title V
			 program.
(73) "Title V permit"
			 means a permit issued under Kentucky's Title V program.
(74) "Title V program" means a state
			 operating permit program approved by the U.S. EPA pursuant to
			 42
			 U.S.C. 7661 to
			 7661f
			 (Title V of the Act).
(75) "Total
			 suspended particulates" or "TSP" means particulate matter as measured by the
			 method described in 40 C.F.R. Part 50 , Appendix B.
(76) "tpy" means ton per year.
(77) "U.S. EPA" means the U.S. Environmental
			 Protection Agency.
(78) "Volatile
			 organic compound" or "VOC" is defined by
			 40
			 C.F.R. 51.100(s).
(79) "Waste oil" means a petroleum based or
			 synthetic oil such as an engine lubricant, engine oil, motor oil, or
			 lubricating oil for use in an internal combustion engine, or a lubricant for
			 motor transmissions, gears, or axles that through use, storage, or handling has
			 become unsuitable for its original purpose due to the presence of impurities or
			 loss of original properties.