Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 63 - General Standards of Performance › Section 401 KAR 63:001 - Definitions for 401 KAR Chapter 63

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.1-010,
				224.20-100,
				224.20-110,
				224.20-120,
				40 C.F.R. Chapter I, Appendices A-K of 50, 51.100(s), 53, 60, Appendices A and
				B of 60, Appendix B of 61,
				42
				U.S.C. 7410,
				7411(a)(8)
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 defines the terms used in 401 KAR Chapter 63. The
				definitions contained in this administrative regulation, which have
				corresponding federal definitions, are not more stringent nor otherwise
				different than the corresponding federal definitions.
Section 1. Definitions.
(1) "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.
(2) "Air contaminant" is defined in
			 KRS
			 224.1-010(1).
(3) "Air pollutant" means an air
			 contaminant.
(4) "Air pollution" is
			 defined in
			 KRS
			 224.1-010(3)
			 224.01-010.
(5) "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.
(6) "Alteration" means:
(a) The installation or replacement of air
			 pollution control equipment at a source; or
(b) A physical change in or change in the
			 method of operation of an affected facility that increases the potential to
			 emit a pollutant (to which a standard applies) emitted by the facility or that
			 results in the emission of an air pollutant (to which a standard applies) not
			 previously emitted.
(7)
			 "Alternative method" means a method of sampling and analyzing for an air
			 pollutant that is not a reference method or equivalent method and has been
			 demonstrated to the cabinet's and the U.S. EPAs satisfaction to produce
			 adequate results for its determination of compliance.
(8) "Ambient air" means that portion of the
			 atmosphere, external to buildings, to which the general public has
			 access.
(9) "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.
(10) "AOAC" means
			 Association of Official Analytical Chemists.
(11) "ANSI" means American National Standards
			 Institute.
(12) "ASTM" means
			 American Society for Testing and Materials.
(13) "BOD" means biochemical oxidant
			 demand.
(14) "BTU" means British
			 Thermal Unit.
(15) "°C" means
			 degree Celsius (centigrade).
(16)
			 "Cabinet" is defined in
			 KRS
			 224.1-010(9).
(17) "Cal" means calorie.
(18) "Capital expenditure" is defined in
			 40
			 C.F.R. 60.2.
(19) "cfm" means cubic feet per
			 minute.
(20)
			 "CH4" means methane.
(21) "CO" means carbon monoxide.
(22) "CO2" means
			 carbon dioxide.
(23) "COD" means
			 chemical oxidant demand.
(24)
			 "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.
(25) "Compliance
			 schedule" means a time schedule of remedial measures including an enforceable
			 sequence of actions or operations leading to compliance with a limitation or
			 standard.
(26) "Construction" means
			 fabrication, erection, installation or modification of an air contaminant
			 source.
(27) "Continuous monitoring
			 system" means the total equipment, required under the applicable administrative
			 regulations used to sample, to condition (if applicable), to analyze and to
			 provide a permanent record of emissions or process parameters.
(28) "Director" means Director of the
			 Division for Air Quality of the Environmental and Public Protection
			 Cabinet.
(29) "District" is defined
			 in
			 KRS
			 224.1-010(11).
(30) "dscf" means dry cubic feet at standard
			 conditions.
(31) "dscm" means dry
			 cubic meter at standard conditions.
(32) "Emission standard" means that numerical
			 limit that fixes the amount of an air contaminant or air contaminants that may
			 be vented into the atmosphere from an affected facility or from air pollution
			 control equipment installed in an affected facility.
(33) "Equivalent method" means a method of
			 sampling and analyzing for an air pollutant that has been demonstrated to the
			 cabinet's and the U.S. EPA's satisfaction to have a consistent and
			 quantitatively known relationship to the reference method, under specified
			 conditions.
(34) "Exempt compound"
			 or "exempt solvent" means an organic compound listed in the definition of
			 volatile organic compound as not participating in atmospheric photochemical
			 reactions.
(35) "Existing source"
			 means a source that is not a new source.
(36) "Extreme nonattainment county" or
			 "extreme nonattainment area" means a county or portion of a county designated
			 extreme nonattainment in
			 401 KAR
			 51:010.
(37) "°F" means degree
			 Fahrenheit.
(38) "Fixed capital
			 cost" means the capital needed to provide all the depreciable
			 components.
(39) "ft" means
			 feet.
(40) "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.
(41) "Fugitive emissions" means those
			 emissions that could not reasonably pass through a stack, chimney, vent, or
			 other functionally equivalent opening.
(42) "g" means gram.
(43) "gal" means gallon.
(44) "gr" means grain.
(45) "HCI" means hydrochloric acid.
(46) "Hg" means mercury.
(47) "HF" means hydrogen fluoride.
(48) "hr" means hour.
(49) "Hydrocarbon" means an organic compound
			 consisting predominantly of carbon and hydrogen.
(50) "H2O" means
			 water.
(51)
			 "H2S" means hydrogen sulfide.
(52)
			 "H2SO4" means sulfuric
			 acid.
(53) "in" means
			 inch.
(54) "Incineration" means the
			 process of igniting and burning solid, semisolid, liquid, or gaseous
			 combustible wastes.
(55)
			 "Intermittent emissions" means emissions of particulate matter into the open
			 air from a process that operates for less than any six (6) consecutive
			 minutes.
(56) "J" means
			 joule.
(57) "Kg" means
			 kilogram.
(58) "l" means
			 liter.
(59) "lb" means
			 pound.
(60) "m" means
			 meter.
(61)
			 "m3" means cubic meter.
(62) "Major source" means a source with a
			 potential emission rate is equal to or greater than 100 tons per year of any
			 one (1) of the following pollutants: particulate matter, sulfur oxides,
			 nitrogen oxides, volatile organic compounds or carbon monoxide.
(63) "Malfunction" means a 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 preventable upset condition or
			 preventable equipment breakdown.
(64) "Marginal nonattainment county" or
			 "marginal nonattainment area" means a county or portion of a county designated
			 marginal nonattainment in
			 401 KAR
			 51:010.
(65) "ng" means microgram.
(66) "mg" means milligram.
(67) "min" means minute.
(68) "MJ" means megajoules.
(69) "mm" means millimeter.
(70) "MM" means million.
(71) "mo" means month.
(72) "Moderate nonattainment county" or
			 "moderate nonattainment area" means a county or portion of a county designated
			 moderate nonattainment in
			 401 KAR
			 51:010.
(73) "Modification" means any physical change
			 in, or change in the method of operation of, an affected facility that:
(a) Increases the amount of an air pollutant
			 (to which a standard applies) emitted into the atmosphere by that facility or
			 that results in the emission of an air pollutant (to which a standard applies)
			 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;
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
			 an existing facility.
(74) "Monitoring device" means the total
			 equipment, required in applicable administrative regulations, used to measure
			 and record, if applicable, process parameters.
(75) "New source" means a source, the
			 construction, reconstruction, or modification of which commenced on or after
			 the classification date as defined in the applicable administrative regulation
			 irrespective of a change in emission rate.
(76) "Ng" means nanograms.
(77) "N2" means
			 nitrogen.
(78) "Nitrogen oxides"
			 means all oxides of nitrogen except nitrous oxide, as measured by test methods
			 specified by the cabinet.
(79) "NO"
			 means nitric oxide.
(80)
			 "NO2" means nitrogen dioxide.
(81) "NOx" means
			 nitrogen oxides.
(82)
			 "O2" means oxygen.
(83) "O3" means
			 ozone.
(84) "Opacity" means the
			 degree to which emissions reduce the transmission of light and obscure the view
			 of an object in the background.
(85) "Owner or operator" means a person who
			 owns, leases, operates, controls, or supervises an affected facility or a
			 source to which an affected facility is a part.
(86) "oz" means ounce.
(87) "Particulate matter" means a material,
			 except uncombined water, that exists in a finely divided form as a liquid or a
			 solid measured by an approved test method.
(88) "Particulate matter emissions" means,
			 except as used in 40 C.F.R. Part 60 , all finely divided solid or liquid
			 material, other than uncombined water, emitted to the ambient air as measured
			 by applicable reference methods, or an equivalent or alternative method
			 specified in 40 C.F.R. Chapter I, or by a test method specified in the approved
			 state implementation plan.
(89)
			 "Person" means an individual, public or private corporation, political
			 subdivision, government agency, municipality, industry, co-partnership,
			 association, firm, trust, estate, or other entity.
(90) "PM2.5" means
			 particulate matter with an aerodynamic diameter less than or equal to a nominal
			 two-and-a-half (2.5) micrometers as measured by a reference method in 40 C.F.R.
			 Part 50 , Appendix L, and designated in accordance with 40 C.F.R. Part 53 , or
			 by an equivalent method designated in accordance with 40 C.F.R. Part
			 53.
(91)
			 "PM10" means particulate matter with an aerodynamic
			 diameter less than or equal to a nominal ten (10) micrometers as measured by a
			 reference method in 40 C.F.R. Part 50 , Appendix J, and designated in
			 accordance with 40 C.F.R. Part 53, or by an equivalent method designated in
			 accordance with 40 C.F.R. Part 53.
(92) "PM10 emissions"
			 means finely divided solid or liquid material with an aerodynamic diameter less
			 than or equal to a nominal ten (10) micrometers emitted to the ambient air as
			 measured by an applicable reference method, or an equivalent or alternative
			 method, specified in 40 C.F.R. Chapter I, or by a test method specified in the
			 approved state implementation plan.
(93) "Potential to emit" or "PTE" means the
			 maximum capacity of a stationary source to emit a pollutant under its physical
			 and operational design, and shall:
(a)
			 Include air pollution control equipment and restrictions on the hours of
			 operation or on the type or amount of material combusted, stored, or processed,
			 if the limitation or its effect on emissions is federally enforceable;
			 and
(b) Not include secondary
			 emissions.
(94) "ppb"
			 means parts per billion.
(95) "ppm"
			 means parts per million.
(96)
			 "ppm(w/w)" means parts per million (weight by weight).
(97) "psia" means pounds per square inch
			 absolute.
(98) "psig" means pounds
			 per square inch gage.
(99)
			 "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;
(b) The
			 estimated life of the affected facility after the replacement exceeds fifty
			 (50) percent of the life of a comparable entirely new affected
			 facility;
(c) The components being
			 replaced cause or contribute to the emissions from the affected facility;
			 and
(d) It is technologically and
			 economically feasible to meet the applicable requirements of 401 KAR Chapters
			 50 to 65.
(100)
			 "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.
(101) "Run" means the net period of time,
			 either intermittent or continuous within the limits of good engineering
			 practice, when an emission sample is collected.
(102) "S" means at standard
			 conditions.
(103) "sec" means
			 second.
(104) "Secondary emissions"
			 means emissions that:
(a)
1. Occur as a result of the construction or
			 operation of a major stationary source or major modification; and
2. Do not come from the major stationary
			 source or major modification itself;
(b) Are specific, well defined, quantifiable,
			 and impact the same general area as the stationary source modification that
			 causes the secondary emissions;
(c)
			 Include emissions from an offsite support facility that would not otherwise be
			 constructed or increase its emissions as a result of the construction or
			 operation of the major stationary source or major modification; and
(d) Do not include emissions that come
			 directly from a mobile source, including emissions from the tailpipe of a motor
			 vehicle, a train, or a vessel.
(105) "Serious nonattainment county" or
			 "serious nonattainment area" means a county or portion of a county designated
			 serious nonattainment in
			 401 KAR
			 51:010.
(106) "Severe nonattainment county" or
			 "severe nonattainment area" means a county or portion of a county designated
			 severe nonattainment in
			 401 KAR
			 51:010.
(107) "Shutdown" means the cessation of an
			 operation.
(108)
			 "SO2" means sulfur dioxide.
(109) "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.
(110) "sq" means
			 square.
(111) "Stack or chimney"
			 means a flue, conduit, or duct arranged to conduct emissions to the
			 atmosphere.
(112) "Standard" means
			 an emission standard, a standard of performance, or an ambient air quality
			 standard promulgated in the administrative regulations of the Division for Air
			 Quality or the emission control requirements necessary to comply with 401 KAR
			 Chapter 51, of the administrative regulations of the Division for Air
			 Quality.
(113) "Standard
			 conditions" means:
(a) For source
			 measurements, twenty (20) degrees Celsius (sixty-eight (68) degrees Fahrenheit)
			 and a pressure of 760 mm Hg (29.92 in. of Hg);
(b) For air quality determinations,
			 twenty-five (25) degrees Celsius (seventy-seven (77) degrees Fahrenheit) and a
			 reference pressure of 760 mm Hg (29.92 in. of Hg).
(114) "Start-up" means the setting in
			 operation of an affected facility.
(115) "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.
(116) "TAPPI" means
			 Technical Association of the Pulp and Paper Industry.
(117) "Total suspended particulates" or "TSP"
			 means particulate matter as measured by the method described in 40 C.F.R. Part
			 50 , Appendix B.
(118) "tpy" means
			 ton per year.
(119) "TSS" means
			 total suspended solids.
(120)
			 "Uncombined water" means water that can be separated from a compound by
			 ordinary physical means and that is not bound to a compound by internal
			 molecular forces.
(121) "Urban
			 county" means a county that is a part of an urbanized area with a population
			 greater than 200,000 based upon the 1980 census. If a portion of a county is a
			 part of an urbanized area, then the entire county shall be classified as urban
			 with respect to the administrative regulations of the Division for Air
			 Quality.
(122) "Urbanized area"
			 means an area defined by the U.S. Department of Commerce, Bureau of
			 Census.
(123) "U.S. EPA" means
			 United States Environmental Protection Agency.
(124) "UTM" means Universal Transverse
			 Mercator.
(125) "Volatile organic
			 compound" or "VOC" is defined in
			 40
			 C.F.R. 51.100(s).
(126) "yd" means yard.