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 50:055 - General compliance requirements

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 establishes requirements for compliance during shutdown and
				malfunctions; establishes requirements for demonstrating compliance with
				standards; establishes requirements for compliance when a source is relocated
				within the Commonwealth of Kentucky; and other general compliance
				requirements.
Section 1. Emissions
			 During Shutdown and Malfunction.
(1) Emissions
			 which, due to shutdown or malfunctions, temporarily exceed the standard set
			 forth by the cabinet shall be deemed in violation of such standards unless the
			 requirements of this section are satisfied and the determinations specified in
			 subsection (4) of this section are made.
(2) When emissions during any planned
			 shutdown and ensuing start-up will exceed the standards, the owner or operator
			 of the source shall notify the director or his designee no later than three (3)
			 days before the planned shutdown. However, if the shutdown is necessitated by
			 events which the owner or operator could not reasonably have foreseen three (3)
			 days before the shutdown, then such notification shall be given immediately
			 following the decision to shut down. The notice shall be in writing and shall
			 specify the name of the air contaminant source, its location, the address and
			 telephone number of the person responsible for the source, the reasons for and
			 duration of the proposed shutdown, the date and time for the action, the
			 physical and chemical composition, rate and concentration of the emissions
			 during such shutdown and ensuing start-up, the basis for determination that
			 such shutdown is necessary, and the measures which will be taken to minimize
			 the extent and duration of the emissions during such shutdown and ensuing
			 start-up.
(3) When emissions due to
			 malfunctions, unplanned shutdowns or ensuing start-ups are or may be in excess
			 of the standards, the owner or operator shall notify the director by telephone
			 as promptly as possible, and shall cause written notice when requested by the
			 director to be sent to the director. Such notice shall specify the name of the
			 source, its location, the address and telephone number of the person
			 responsible for the source, the nature and cause of the malfunctions, or
			 unplanned shutdown, the date and time when the malfunction was first observed,
			 the expected duration, the nature of the action to be taken to correct the
			 malfunction, and an estimate of the physical and chemical composition, rate and
			 concentration of the emission.
(4)
			 A source shall be relieved from compliance with the standards set forth by the
			 cabinet if the director determines, upon a showing by the owner or operator of
			 the source, that:
(a) The malfunction or
			 shutdown and ensuing start-up did not result from the failure by the owner or
			 operator of the source to operate and maintain properly the
			 equipment;
(b) All reasonable steps
			 were taken to correct, as expeditiously as practicable, the conditions causing
			 the emissions to exceed the standards, including the use of off-shift labor and
			 overtime if necessary;
(c) All
			 reasonable steps were taken to minimize the emissions and their effect on air
			 quality resulting from the occurrence;
(d) The excess emissions are not part of a
			 recurring pattern indicative of inadequate design, operation, or maintenance;
			 and
(e) The malfunction or shutdown
			 and ensuing start-up was not caused entirely or in part by poor maintenance,
			 careless operation or any other preventable upset conditions or equipment
			 breakdown.
(5) The
			 director shall notify the owner or operator of the source of the determination
			 made under this section no later than sixty (60) days after the date that all
			 information required by this section has been submitted.