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 51:001 - Definitions for 401 KAR Chapter 51

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				48.010(15)(a),
				224.1-010,
				224.20-100,
				224.20-110,
				224.20-120,
				40 C.F.R. Chapter I, 50 Appendices A-R, 51.100, 51.121, 51.165, 51.166, 51
				Appendix S, 52.920, 53, 60, 60 Appendices A, B, 61, 61 Appendix B, 63
				Appendices A-D, 70.2, 75, 82, 96,
				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 51. The definitions contained in this administrative
				regulation are not more stringent 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, as published on July 1, 2012.
(1) "Acid rain emissions limitation" means a
			 limitation on emissions of SO2 or NOx imposed by the Acid Rain Program under
			 42 U.S.C.
			 7651 to
			 7651o.
(2) "Actual emissions":
(a) Means the actual rate of emissions of a
			 regulated NSR pollutant from an emissions unit as determined according to the
			 following:
1. Actual emissions as of a
			 particular date equals the average rate, in tons per year, at which the unit
			 actually emitted the pollutant during a consecutive twenty-four (24) month
			 period, that precedes that date and is representative of normal source
			 operation, unless a different time period is more representative of normal
			 source operation; and
2. The unit's
			 actual operating hours, production rates, and types of materials processed,
			 stored, or combusted during the selected time periods are used to calculate
			 actual emissions;
(b)
			 Means source-specific allowable emissions for the unit are equivalent to actual
			 emissions of the unit if the cabinet has made an equivalency determination
			 pursuant to
			 40 C.F.R.
			 51.166;
(c) Means, for an emissions unit that has not
			 begun normal operations on a particular date, the potential to emit of the unit
			 on that date; and
(d) Does not
			 mean:
1. Calculating if a significant
			 emissions increase has occurred; or
2. Establishing a PAL under
			 401
			 KAR 51:017, Section 20.
(3) "Actuals PAL" or "PAL" means a plant-wide
			 applicability limit established for a major stationary source based on the
			 baseline actual emissions of all emissions units at the source that emit or
			 have the potential to emit the PAL pollutant.
(4) "Adverse impact on visibility" is defined
			 by 40 C.F.R.
			 51.301.
(5) "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.
(6) "Air contaminant" is defined by
			 KRS
			 224.1-010(1).
(7) "Air pollutant" means air
			 contaminant.
(8) "Air pollution" is
			 defined by
			 KRS
			 224.1-010(3).
(9) "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.
(10) "Allocate"
			 or "allocation" means the number of NOx allowances to be credited to a NOx
			 budget unit.
(11) "Allocation
			 period" means each three (3) year period beginning May 1, 2004.
(12) "Allowable emissions" means:
(a) The emissions rate of a stationary source
			 calculated using the maximum rated capacity of the source, unless the source is
			 subject to federally enforceable limits that restrict the operating rate, hours
			 of operation, or both, and the most stringent of the following:
1. The applicable standards codified in 40
			 C.F.R. Parts 60 and 61;
2. The
			 applicable SIP emissions limitations, including those with a future compliance
			 date; or
3. The emissions rates
			 specified as a federally enforceable permit condition, including those with a
			 future compliance date; or
(b) For an actuals PAL, the emissions rate of
			 a stationary source calculated considering any emission limitations that are
			 enforceable as a practical matter on the emissions unit's potential to emit,
			 and the most stringent provision of paragraph (a)1. through 3. of this
			 subsection.
(13)
			 "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.
(14)
			 "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.
(15) "Ambient air" means that portion of the
			 atmosphere, external to buildings, to which the general public has
			 access.
(16) "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.
(17) "ANSI" means
			 American National Standards Institute.
(18) "AOAC" means Association of Official
			 Analytical Chemists.
(19) "ASTM"
			 means American Society for Testing and Materials.
(20) "Baseline actual emissions" means the
			 rate of emissions, in tons per year, of a regulated NSR pollutant, that:
(a) For an existing electric utility steam
			 generating unit (EUSGU), the unit actually emitted during any consecutive
			 twenty-four (24) month period selected by the owner or operator within the five
			 (5) year period immediately preceding the date the owner or operator begins
			 actual construction of the project, unless a different twenty-four (24) month
			 time period is more representative of normal source operation.
1. The rate is an average that:
a. Includes fugitive emissions, to the extent
			 quantifiable, and emissions associated with startups, shutdowns, and
			 malfunctions;
b. Is adjusted
			 downward to exclude any noncompliant emissions that occurred while the source
			 was operating above an emission limitation that was legally enforceable during
			 the consecutive twenty-four (24) month period; and
c. Is based on any consecutive twenty-four (24) month
			 period for which there is adequate information for determining annual
			 emissions, in tons per year, and for adjusting this amount as necessary
			 according to clause b. of this subparagraph; and
2. If a project involves multiple emissions
			 units, only one (1) consecutive twenty-four (24) month period is used to
			 determine the baseline actual emissions for the emissions units being changed
			 with a different consecutive twenty-four (24) month period allowed for each
			 regulated NSR pollutant;
(b) For an existing emissions unit that is
			 not an EUSGU, the unit actually emitted during any consecutive twenty-four (24)
			 month period selected by the owner or operator within the ten (10) year period
			 beginning on or after November 15, 1990, and immediately preceding the earlier
			 of the date the owner or operator begins actual construction of the project or
			 the date a complete permit application is received by the cabinet for a permit
			 required under
			 401
			 KAR 51:017 or
			 401
			 KAR 51:052.
1. The
			 rate is an average that:
a. Includes fugitive
			 emissions, to the extent quantifiable, and emissions associated with startups,
			 shutdowns, and malfunctions;
b. Is
			 adjusted downward:
(i) To exclude any
			 noncompliant emissions that occurred while the source was operating above an
			 emission limitation that was legally enforceable during the consecutive
			 twenty-four (24) month period;
(ii)
			 To exclude any emissions that would have exceeded an emission limitation with
			 which the major stationary source is required currently to comply, if the
			 source had been required to comply with the limitations during the consecutive
			 twenty-four (24) month period; and
(iii) For an emission limitation that is part
			 of a maximum achievable control technology standard proposed or promulgated
			 under 40 C.F.R. Part 63 , only if the Commonwealth of Kentucky has taken credit
			 for the emissions reductions in an attainment demonstration or maintenance plan
			 consistent with
			 40 C.F.R.
			 51.165(a)(3)(ii)(G);
			 and
c. Is based on any
			 consecutive twenty-four (24) month period for which there is adequate
			 information for determining annual emissions, in tons per year, and for
			 adjusting this amount as necessary according to clause b. of this
			 subparagraph.
2. If a
			 project involves multiple emissions units, only one (1) consecutive twenty-four
			 (24) month period is used for each regulated NSR pollutant to determine the
			 baseline actual emissions for the emissions units being changed with a
			 different consecutive twenty-four (24) month period;
(c) For a new emissions unit, equals zero for
			 determining the emissions increase that will result from the initial
			 construction and operation of the new unit and thereafter, for all other
			 purposes, equals the unit's potential to emit; or
(d) For a PAL for a stationary source, is
			 determined as follows:
1. For an existing
			 EUSGU, in accordance with the procedures contained in paragraph (a) of this
			 subsection;
2. For other existing
			 emissions units, in accordance with the procedures contained in paragraph (b)
			 of this subsection; and
3. For a
			 new emissions unit, in accordance with the procedures contained in paragraph
			 (c) of this subsection.
(21) "Baseline area" means an intrastate area
			 and every part of that area designated as attainment or unclassifiable pursuant
			 to
			 42 U.S.C.
			 7407(d)(1)(A)(ii) or (iii)
			 in which the major source or major modification establishing the minor source
			 baseline date would construct or would have an air quality impact equal to or
			 greater than one (1) ng/m3 annual average of the
			 pollutant for which the minor source baseline date is established for
			 SO2, NO2, or
			 PM10 or equal to or greater than 0.3
			 ng/m3 annual average for
			 PM2.5.
(a) Area
			 redesignations under
			 42 U.S.C.
			 7407(d)(1)(A)(ii) or (iii)
			 do not intersect and are not smaller than the area of impact of a major
			 stationary source or major modification that:
1. Establishes a minor source baseline date;
			 or
2. Is subject to
			 401
			 KAR 51:017 and would be constructed in the
			 Commonwealth of Kentucky.
(b) A baseline area established originally
			 for total suspended particulate (TSP) increments remains in effect to determine
			 the amount of available PM10 increments, unless the
			 cabinet rescinds the corresponding minor source baseline
			 date.
(22) "Baseline
			 concentration" means the ambient concentration level that exists in the
			 baseline area on the date the applicable minor source baseline date is
			 established.
(23) "Baseline date"
			 means major source baseline date or minor source baseline date and is
			 established for each pollutant for which increments or other equivalent
			 measures have been established if the area in which the proposed source or
			 modification would construct is designated as attainment or unclassifiable
			 pursuant to
			 42 U.S.C.
			 7407(d)(1)(A)(ii) or (iii)
			 for the pollutant on the date of the source's complete application; and
(a) For a major stationary source, the
			 pollutant would be emitted in significant amounts; or
(b) For a major modification, there would be
			 a significant net emissions increase of the pollutant.
(24) "Begin actual construction" means:
(a) Initiation of physical on-site
			 construction activities on an emissions unit that are of a permanent nature and
			 include installation of building supports and foundations, laying underground
			 pipe work, and construction of permanent storage structures; and
(b) For a change in method of operations,
			 those on-site activities, other than the preparatory activities, that mark the
			 initiation of the change.
(25) "Best available control technology" or
			 "BACT" means an emissions limitation, including a visible emission standard,
			 based on the maximum degree of reduction for each regulated NSR pollutant that
			 will be emitted from a proposed major stationary source or major modification
			 and:
(a) Is determined by the cabinet pursuant
			 to
			 401
			 KAR 51:017, Section 8, after taking into account
			 energy, environmental, and economic impacts and other costs, to be achievable
			 by the source or modification through application of production processes or
			 available methods, systems, and techniques, including fuel cleaning or
			 treatment or innovative fuel combustion techniques for control of that
			 pollutant;
(b) Does not result in
			 emissions of a pollutant that would exceed the emissions allowed by an
			 applicable standard codified in 40 C.F.R. Parts 60 and 61; and
(c) Is satisfied by a design, equipment, work
			 practice, or operational standard or combination of standards approved by the
			 cabinet, if:
1. The cabinet determines
			 pursuant to
			 40 C.F.R.
			 51.166(b)(12) that
			 technological or economic limitations on the application of measurement
			 methodology to a particular emissions unit would make the imposition of an
			 emissions standard infeasible;
2.
			 The standard establishes the emissions reduction achievable by implementation
			 of the design, equipment, work practice, or operation; and
3. The standard provides for compliance by
			 means that achieve equivalent results.
(26) "BOD" means biochemical oxidant
			 demand.
(27) "Boiler" means an
			 enclosed fossil or other fuel-fired combustion device used to produce heat and
			 to transfer heat to recirculating water, steam, or other medium.
(28) "BTU" means British thermal
			 unit.
(29) "Building, structure,
			 facility, or installation" means all of the pollutant emitting activities that:
(a) Belong to the same industrial grouping or
			 have the same two (2) digit major group code as described in the Standard
			 Industrial Classification Manual;
(b) Are located on one (1) or more contiguous
			 or adjacent properties;
(c) Are
			 under the control of the same person or persons under common control;
			 and
(d) Do not include the
			 activities of a vessel.
(30) "°C" means degree Celsius
			 (centigrade).
(31) "Cabinet" is
			 defined by
			 KRS
			 224.1-010(9).
(32) "Cal" means calorie.
(33) "Capital expenditure" is defined by
			 40
			 C.F.R. 60.2.
(34) "cfm" means cubic feet per
			 minute.
(35)
			 "CH4" means methane.
(36) "Clean coal technology" is defined by
			 40 C.F.R.
			 51.166(b)(33).
(37) "Clean coal technology demonstration
			 project" is defined by
			 40 C.F.R.
			 51.166(b)(34).
(38) "Clinker" means the product of a
			 portland cement kiln from which finished cement is manufactured by milling and
			 grinding.
(39) "CO" means carbon
			 monoxide.
(40)
			 "CO2" means carbon dioxide.
(41) "COD" means chemical oxidant
			 demand.
(42)"Combined cycle system"
			 means a system comprised of one (1) or more combustion turbines, heat recovery
			 steam generators, or steam turbines configured to improve overall efficiency of
			 electricity generation or steam production.
(43) "Combustion turbine" means an enclosed
			 fossil or other fuel-fired device that is comprised of a compressor, a
			 combustor, and a turbine, and in which the flue gas resulting from the
			 combustion of fuel in the combustor passes through the turbine, rotating the
			 turbine.
(44) "Commence" means that
			 an owner or operator:
(a) 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; or
(b) For construction
			 of a major stationary source or major modification in the PSD or NSR program,
			 has all necessary preconstruction approvals or permits, and:
1. Has begun, or caused to begin, a
			 continuous program of actual on-site construction of the source, to be
			 completed within a reasonable time; or
2. Has entered into binding agreements or
			 contractual obligations, that cannot be cancelled or modified without
			 substantial loss to the owner or operator, to undertake a program of actual
			 construction of the source to be completed within a reasonable time.
(45) "Commence
			 commercial operation" means to have begun to produce steam, gas, or other
			 heated medium used to generate electricity for sale or use. Except as provided
			 in
			 401 KAR
			 51:195 or
			 40 C.F.R.
			 96.5:
(a)
			 For a unit that is a NOx budget unit under
			 40
			 C.F.R. 96.4, on the date the unit commences
			 commercial operation, the date remains the unit's date of commencement of
			 commercial operation even if the unit is subsequently modified, reconstructed,
			 or repowered; or
(b) For a unit
			 that is not a NOx budget unit under
			 40
			 C.F.R. 96.4, on the date the unit commences
			 commercial operation, the date the unit becomes a NOx budget unit under
			 40
			 C.F.R. 96.4 is the unit's date of
			 commencement of commercial operation.
(46) "Commence operation" means, for a NOx
			 budget unit, to have begun a mechanical, chemical, or electronic process,
			 including start-up of a unit's combustion chamber. Except as provided in
			 401 KAR
			 51:195 or
			 40 C.F.R.
			 96.5:
(a)
			 For a unit that is a NOx budget unit under
			 40
			 C.F.R. 96.4 on the date of commencement of
			 operation, the date remains the unit's date of commencement of operation even
			 if the unit is subsequently modified, reconstructed, or repowered; or
(b) For a unit that is not a NOx budget unit
			 under
			 40
			 C.F.R. 96.4 on the date of commencement of
			 operation, the date the unit becomes a NOx budget unit under
			 40
			 C.F.R. 96.4 is the unit's date of
			 commencement of operation.
(47) "Complete" is defined by
			 40 C.F.R.
			 51.166(b)(22).
(48) "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.
(49) "Compliance supplement pool" means the
			 quantity of NOx allowances provided to Kentucky by the U.S. EPA to be:
(a) Allocated to NOx budget units that
			 achieve early reduction; or
(b)
			 Used to assist NOx budget sources that are unable to meet the compliance
			 deadline as provided in
			 401 KAR
			 51:180, Section 5.
(50) "Construction" means:
(a) Fabrication, erection, installation, or
			 modification of an air contaminant source; or
(b) For the NSR program, any physical change
			 or change in the method of operation, including fabrication, erection,
			 installation, demolition, or modification of an emissions unit that would
			 result in a change in the emissions at an air contaminant
			 source.
(51) "Continuous
			 emissions monitoring system" or "CEMS" means all of the equipment necessary to
			 meet the data acquisition and availability requirements of
			 401
			 KAR 51:017 or
			 401
			 KAR 51:052 to sample, condition (if applicable),
			 analyze, and provide a record of emissions on a continuous basis.
(52) "Continuous emission monitoring system
			 for NOx" or "CEMS for NOx" means the equipment required to sample, analyze,
			 measure, and provide, by readings taken at least once every fifteen (15)
			 minutes of the measured parameters, a permanent record of NOx emissions,
			 expressed in tons per hour for NOx. The following systems are necessary
			 component parts, as required by 40 C.F.R. Part 75 , included in a continuous
			 emissions monitoring system:
(a) Flow
			 monitor;
(b) NOx pollutant
			 concentration monitor;
(c) Diluent
			 gas monitor (O2 or
			 CO2);
(d)
			 Continuous moisture monitor; and
(e) Automated data acquisition and handling
			 system.
(53) "Continuous
			 emissions rate monitoring system" or "CERMS" is defined by
			 40 C.F.R.
			 51.166(b)(46).
(54) "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.
(55) "Continuous
			 parameter monitoring system" or "CPMS" is defined by:
(a)
										40 C.F.R.
			 51.166(b)(45) for
			 401
			 KAR 51:017; or
(b)
										40 C.F.R.
			 51.165(a)(1) (xxxiii) for
			 401
			 KAR 51:052.
(56) "Control period" means the period
			 beginning May 1 of a year and ending on September 30 of the same year,
			 inclusive.
(57) "Director" means
			 Director of the Division for Air Quality of the Energy and Environment
			 Cabinet.
(58) "District" is defined
			 by
			 KRS
			 224.1-010(11).
(59) "dscf" means dry cubic feet at standard
			 conditions.
(60) "dscm" means dry
			 cubic meter at standard conditions.
(61) "Electric generating unit" means, for
			 401
			 KAR 51:160 to
			 401 KAR
			 51:195, a fossil fuel-fired boiler, combustion
			 turbine, or a combined cycle system used to generate twenty-five (25) megawatts
			 or more of electricity, some of which is offered for sale.
(62) "Electric utility steam generating unit"
			 or "EUSGU" is defined by
			 40 C.F.R.
			 51.166(b)(30).
(63) "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.
(64) "Emissions unit" means any part of a
			 stationary source, including an EUSGU, that emits or has the potential to emit
			 a regulated NSR pollutant. For
			 401
			 KAR 51:017 and
			 401
			 KAR 51:052, there are two (2) types of emissions
			 units:
(a) A new emissions unit, which is any
			 emissions unit that is or will be newly constructed and that has existed for
			 less than two (2) years from the date the unit first operated; and
(b) An existing emissions unit, which is any
			 emissions unit that does not meet the requirements in paragraph (a) of this
			 subsection or is a replacement unit.
(65) "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 shall use to
			 achieve and demonstrate compliance with the limitations and standards,
			 including appropriate monitoring, recordkeeping, and reporting.
(66) "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.
(67) "Excess NOx
			 emissions" means any tonnage of nitrogen oxides emitted by a NOx budget unit
			 during a control period that exceeds the NOx budget emissions limitation for
			 the unit.
(68) "Exempt compound" or
			 "exempt solvent" means an organic compound listed in the definition of volatile
			 organic compound as not participating in atmospheric photochemical
			 reactions.
(69) "Existing source"
			 means a source that is not a new source.
(70) "Extreme nonattainment county" or
			 "extreme nonattainment area" means a county or portion of a county designated
			 extreme nonattainment for the national ambient air quality standard for
			 ozone.
(71) "°F" means degree
			 Fahrenheit.
(72) "Federal land
			 manager" is defined by
			 40 C.F.R.
			 51.166(b)(24).
(73) "Federally enforceable" means all
			 limitations and conditions that are enforceable by the U.S. EPA, including:
(a) Requirements developed under 40 C.F.R.
			 Parts 60 and 61;
(b) Requirements
			 in the Kentucky State Implementation Plan (SIP) approved by the U.S. EPA;
			 and
(c) Any permit requirements
			 established under
			 40 C.F.R.
			 52.21 or under the Kentucky SIP approved
			 pursuant to 40 C.F.R. Part 51 , Subpart I, including operating permits issued
			 under a U.S. EPA-approved program incorporated into the SIP, that expressly
			 requires adherence to a permit issued under the program.
(74) "Federally enforceable permit" means a
			 permit issued under
			 401 KAR 52:020 or
			 401 KAR
			 52:030, as appropriate.
(75) "Fixed capital cost" means the capital
			 needed to provide all the depreciable components.
(76) "Fossil fuel" means natural gas;
			 petroleum; coal; or a form of solid, liquid, or gaseous fuel derived from
			 natural gas, petroleum, or coal.
(77) "Fossil fuel fired" means, for a unit:
(a) The combustion of fossil fuel, alone or
			 in combination with another fuel, if the fossil fuel combusted comprises more
			 than fifty (50) percent of the annual heat input on a BTU basis during a year
			 starting in 1995 or, if a unit had no heat input starting in 1995, during the
			 last year of operation of the unit prior to 1995; or
(b) The combustion of fossil fuel, alone or
			 in combination with another fuel, if the fossil fuel is projected to comprise
			 more than fifty (50) percent of the annual heat input on a BTU basis during a
			 year, and the unit is to be fossil fuel fired as of the date during the year
			 the unit begins combusting fossil fuel.
(78) "ft" means feet or foot.
(79) "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.
(80) "Fugitive emissions" means those
			 emissions that could not reasonably pass through a stack, chimney, vent, or
			 other functionally equivalent opening.
(81) "g" means gram.
(82) "gal" means gallon.
(83) "General fund" is defined by
			 KRS
			 48.010(15)(a).
(84) "Generator" means a device that produces
			 electricity.
(85) "gr" means
			 grain.
(86) "HCI" means
			 hydrochloric acid.
(87) "Heat
			 input" means the product, in MMBTU per unit of time, of the gross calorific
			 value of the fuel, in BTU per lb, and the fuel feed rate into a combustion
			 device, in mass of fuel per unit of time, that:
(a) Does not include the heat derived from
			 preheated combustion air, recirculated flue gases, or exhaust from other
			 sources; and
(b) Is measured,
			 recorded, and reported to the cabinet.
(88) "HF" means hydrogen fluoride.
(89) "Hg" means mercury.
(90) "High terrain" is defined by
			 40 C.F.R.
			 51.166(b)(25).
(91) "hr" means hour.
(92) "Hydrocarbon" means an organic compound
			 consisting predominantly of carbon and hydrogen.
(93) "Hydrocarbon combustion flare" means:
(a) A flare used to comply with an applicable
			 New Source Performance Standard (NSPS) or Maximum Achievable Control Technology
			 (MACT) standard, including uses of flares during startup, shutdown, or
			 malfunction permitted under the standard; or
(b) A flare that serves to control emissions
			 of waste streams comprised predominately of hydrocarbons and containing no more
			 than 230 µg/dscm hydrogen sulfide.
(94) "H2O" means
			 water.
(95)
			 "H2S" means hydrogen sulfide.
(96)
			 "H2SO4" means sulfuric
			 acid.
(97) "in" means
			 inch.
(98) "Incineration" means the
			 process of igniting and burning solid, semisolid, liquid, or gaseous
			 combustible wastes.
(99)
			 "Industrial boiler or turbine" means a fossil fuel-fired boiler, combustion
			 turbine, or a combined cycle system having a maximum design heat input of 250
			 MMBTU per hour or more that is not an electric generating unit.
(100) "Innovative control technology" is
			 defined by
			 40 C.F.R.
			 51.166(b)(19).
(101) "Intermittent emissions" means
			 emissions of particulate matter into the open air from a process that operates
			 for less than any six (6) consecutive minutes.
(102) "J" means joule.
(103) "Kg" means kilogram.
(104) "l" means liter.
(105) "lb" means pound.
(106) "Legally enforceable" means the cabinet
			 or the U.S. EPA has the authority to enforce a certain restriction.
(107) "Long dry kiln" means a kiln that
			 employs no preheating of the feed and has a dry inlet feed.
(108) "Long wet kiln" means a kiln that
			 employs no preheating of the feed and the inlet feed to the kiln is a
			 slurry.
(109) "Low terrain" means
			 an area other than high terrain.
(110) "Lowest achievable emissions rate" or
			 "LAER" means, for any source:
(a)
1. The most stringent emissions limitation
			 that is contained in the Kentucky SIP for the class or category of stationary
			 source, unless the owner or operator of the proposed stationary source
			 demonstrates that the limitation is not achievable; or
2. The most stringent emissions limitation
			 achieved in practice by the class or category of stationary source;
(b) For a major modification, the
			 lowest achievable emissions rate for the new or modified emissions units at the
			 stationary source; and
(c) An
			 emissions limitation that does not exceed the allowable emissions of an
			 applicable standard established pursuant to 40 C.F.R. Parts 60, 61, or
			 63.
(111) "m" means
			 meter.
(112)
			 "m3" means cubic meter.
(113) "Major emissions unit" means:
(a) Any emissions unit that emits or has the
			 potential to emit 100 tons per year or more of a PAL pollutant in an attainment
			 area; or
(b) Any emissions unit
			 that emits or has the potential to emit a PAL pollutant in an amount that is
			 equal to or greater than the major source threshold for the PAL pollutant as
			 defined by the Clean Air Act,
			 42 U.S.C.
			 7401 -
			 7671q
			 for nonattainment areas.
(114) "Major modification" means a physical
			 change in or a change in the method of operation of a major stationary source
			 that results in a significant emissions increase and a significant net
			 emissions increase of a regulated NSR pollutant.
(a) A significant emissions increase from any
			 emissions units or net emissions increase at a major stationary source that is
			 significant for volatile organic compounds or nitrogen oxides is considered
			 significant for ozone.
(b) A
			 physical change or change in the method of operation does not include:
1. Routine maintenance, repair, and
			 replacement;
2. Use of alternative
			 fuel or raw material by reason of an order or a natural gas curtailment plan in
			 effect under a federal act;
3. Use
			 of an alternative fuel at a steam generating unit to the extent that the fuel
			 is generated from municipal solid waste;
4. Use of an alternative fuel or raw material
			 by a stationary source that:
a. The source was
			 capable of accommodating before January 6, 1975, for
			 401
			 KAR 51:017, or December 21, 1976, for
			 401
			 KAR 51:052; unless the change would be prohibited by a
			 federally enforceable permit condition that was established after January 6,
			 1975, for
			 401
			 KAR 51:017, or December 21, 1976, for
			 401
			 KAR 51:052, pursuant to
			 40 C.F.R.
			 51.165 or
			 51.166;
			 or
b. The source is approved to use
			 by a permit issued pursuant to
			 401
			 KAR 51:017 or
			 401
			 KAR 51:052;
5. An increase in the hours of operation or
			 in the production rate, unless the change is prohibited by any federally
			 enforceable permit condition established after January 6, 1975, for
			 401
			 KAR 51:017 or December 21, 1976, for
			 401
			 KAR 51:052 pursuant to
			 40 C.F.R.
			 52.21; after June 6, 1979, pursuant to 401
			 KAR 51:015; after September 22, 1982, pursuant to
			 401
			 KAR 51:017; or pursuant to
			 401 KAR 52:020
			 and 401 KAR 51:016 E;
6. A change
			 in ownership at a stationary source;
7. The installation, operation, cessation, or
			 removal of a temporary clean coal technology demonstration project, if the
			 project complies with the Kentucky SIP and other requirements necessary to
			 attain and maintain the national ambient air quality standards during the
			 project and after it is terminated;
8. The installation or operation of a
			 permanent clean coal technology demonstration project that constitutes
			 repowering, if the project does not result in an increase in the potential to
			 emit of a regulated pollutant emitted by the unit, on a pollutant-by-pollutant
			 basis; or
9. The reactivation of a
			 very clean coal-fired electric utility steam generating unit.
(c) Instead of this definition,
			 the definition for "PAL major modification", in subsection (175) of this
			 section, is used for a particular regulated NSR pollutant, if the major
			 stationary source is complying with the requirements of
			 401
			 KAR 51:017, Section 20, and
			 401
			 KAR 51:052, Section 11, for a PAL for that
			 pollutant.
(115)"Major
			 NSR permit" means a permit issued under Kentucky's PSD or NSR
			 program.
(116) "Major source" means
			 a source with a potential emission rate 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, carbon monoxide, or
			 ODS.
(117) "Major source baseline
			 date" means:
(a) For
			 PM10 and sulfur dioxide, January 6, 1975;
(b) For nitrogen dioxide, February 8, 1988;
			 and
(c) For
			 PM2.5, October 20, 2010.
(118) "Major stationary source" means:
(a)
1. A
			 stationary source of air pollutants that emits, or has the potential to emit,
			 100 tons per year or more of a regulated NSR pollutant, except that:
a. For ozone nonattainment areas: 100 tons
			 per year of more of volatile organic compounds or nitrogen oxides in a marginal
			 or moderate ozone nonattainment area; fifty (50) tons per year or more of
			 volatile organic compounds or nitrogen oxides in a serious ozone nonattainment
			 area; twenty-five (25) tons per year or more of volatile organic compounds or
			 nitrogen oxides in a severe ozone nonattainment area; or ten (10) tons per year
			 or more of volatile organic compounds or nitrogen oxides in an extreme ozone
			 nonattainment area;
b. Fifty (50)
			 tons per year or more of carbon monoxide in a serious carbon monoxide
			 nonat-tainment area where stationary sources contribute significantly to carbon
			 monoxide levels; and
c.Seventy (70)
			 tons per year or more of particulate matter (PM10) in a
			 serious PM10 nonat-tainment area; or
2.
a. For the PSD program, any of the following
			 stationary sources of air pollutants that emits, or has the potential to emit,
			 100 tons per year or more of a regulated NSR pollutant: fossil fuel-fired steam
			 electric plants of more than 250 million BTU per hour heat input, coal cleaning
			 plants with thermal dryers, kraft pulp mills, Portland cement plants, primary
			 zinc smelters, iron and steel mill plants, primary aluminum ore reduction
			 plants, primary copper smelters, municipal incinerators capable of charging
			 more than 250 tons of refuse per day, hydrofluoric, sulfuric, and nitric acid
			 plants, petroleum refineries, lime plants, phosphate rock processing plants,
			 coke oven batteries, sulfur recovery plants, carbon black plants (furnace
			 process), primary lead smelters, fuel conversion plants, sintering plants,
			 secondary metal production plants, chemical process plants, except ethanol
			 production facilities producing ethanol by natural fermentation under the North
			 American Industry Classification System (NAICS) codes 325193 or 312140, fossil
			 fuel boilers, or combination of fossil fuel boilers, totaling more than 250
			 million BTU per hour heat input, petroleum storage and transfer units with a
			 total storage capacity exceeding 300,000 barrels, taconite ore processing
			 plants, glass fiber processing plants, and charcoal production plants;
			 and
b. Regardless of the stationary
			 source size specified in clause a. of this subparagraph, a stationary source
			 that emits, or has the potential to emit, 250 tons per year or more of a
			 regulated NSR pollutant; or
3. Any physical change that will occur at a
			 stationary source not otherwise qualifying under this subsection as a major
			 stationary source, if the change will constitute a major stationary source by
			 itself;
(b) A source that
			 is major for volatile organic compounds or nitrogen oxides is considered major
			 for ozone; and
(c) Fugitive
			 emissions are included only if the source belongs to one (1) of the following
			 categories of stationary sources:
1. Coal
			 cleaning plants with thermal dryers;
2. Kraft pulp mills;
3. Portland cement plants;
4. Primary zinc smelters;
5. Iron and steel mills;
6. Primary aluminum ore reduction
			 plants;
7. Primary copper
			 smelters;
8. Municipal incinerators
			 capable of charging more than 250 tons of refuse per day;
9. Hydrofluoric, sulfuric, or nitric acid
			 plants;
10. Petroleum
			 refineries;
11. Lime
			 plants;
12. Phosphate rock
			 processing plants;
13. Coke oven
			 batteries;
14. Sulfur recovery
			 plants;
15. Carbon black plants
			 (furnace process);
16. Primary lead
			 smelters;
17. Fuel conversion
			 plants;
18. Sintering
			 plants;
19. Secondary metal
			 production plants;
20. Chemical
			 process plants, except ethanol production facilities producing ethanol by
			 natural fermentation under NAICS codes 325193 or 312140;
21. Fossil-fuel boilers, or combination of
			 fossil-fuel boilers, totaling more than 250 million BTUs per hour heat
			 input;
22. Petroleum storage and
			 transfer units with a total storage capacity exceeding 300,000
			 barrels;
23. Taconite ore
			 processing plants;
24. Glass fiber
			 processing plants;
25. Charcoal
			 production plants;
26. Fossil
			 fuel-fired steam electric plants of more than 250 million BTUs per hour heat
			 input; or
27. Another stationary
			 source category that, as of August 7, 1980, is being regulated under
			 42 U.S.C.
			 7411 or
			 7412.
(119) "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 is reasonably preventable.
(120) "Mandatory Class I area" means an area
			 identified in 40 C.F.R. Part 81 , Subpart D, if the administrator of the U.S.
			 EPA, in consultation with the Secretary of the U.S. Department of Interior, has
			 determined visibility to be an important value.
(121) "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.
(122) "Maximum design heat
			 input" means the ability of a unit to combust a stated maximum amount of fuel
			 per hour on a steady state basis, as determined by the physical design and
			 physical characteristics of the unit.
(123) "Maximum potential hourly heat input"
			 means an hourly heat input used for reporting purposes if a unit lacks
			 certified monitors to report heat input and is:
(a) A value calculated according to 40 C.F.R.
			 Part 75 using the maximum fuel flow rate and the maximum gross calorific value,
			 if the unit intends to use 40 C.F.R. Part 75 , Appendix D, to report heat
			 input; or
(b) A value reported
			 according to 40 C.F.R. Part 75 using the maximum potential flow rate and either
			 the maximum percent CO2concentration (in percent
			 CO2) or the minimum percent O2,
			 if the unit intends to use a flow monitor and a diluents gas monitor.
(124) "Maximum potential NOx
			 emission rate" means the emission rate of NOx (in lb per MMBTU) calculated
			 according to 40 C.F.R. Part 75, Appendix F, Section 3, using the maximum
			 potential NOx concentration as defined in 40 C.F.R. Part 75, Appendix A,
			 Section 2, and the maximum percent O2 or the minimum
			 percent CO2 under all operating conditions of the unit
			 except for unit startup, shutdown, and malfunction.
(125) "Maximum rated hourly heat input" means
			 a unit specific maximum hourly heat input (MMBTU) that is the higher of the
			 manufacturer's maximum rated hourly heat input or the highest observed hourly
			 heat input.
(126) "ng" means
			 microgram.
(127) "mg" means
			 milligram.
(128) "Mid-kiln firing"
			 means the secondary firing in kilns by injecting solid fuel at an intermediate
			 point in the kiln using a specially designed feed injection mechanism for the
			 purpose of decreasing NOx emissions through:
(a) Burning part of the fuel at a lower
			 temperature; and
(b)
			 Reducing-conditions at the solid waste injection point that may destroy some of
			 the NOx formed upstream in the kiln burning zone.
(129) "min" means minute.
(130) "Minor source baseline date" means:
(a) The earliest date after the trigger date
			 on which a major stationary source or a major modification subject to permit
			 requirements established pursuant to
			 40 C.F.R.
			 52.21 or the Kentucky SIP submits a complete
			 application. The trigger date is:
1. August
			 7, 1977, for PM2 and
			 SO2;
2.
			 February 8, 1988, for NO2; and
3. October 20, 2011, for
			 PM2.5;
(b) For TSP increments, that the originally
			 established date remains in effect to determine the amount of available
			 PM10 increments, unless the cabinet rescinds the minor
			 source baseline date pursuant to
			 40 C.F.R.
			 51.166(b)(14)(iv);
			 and
(c) A date established for each
			 pollutant for which increments or other equivalent measures have been
			 established if:
1. The area in which the
			 proposed source or modification will construct is designated as attainment or
			 unclassifiable pursuant to
			 42 U.S.C.
			 7407(d)(1)(A)(ii) or (iii)
			 for the pollutant on the date of its complete application pursuant to 401 KAR
			 Chapter 52; and
2. For a major
			 stationary source, the pollutant will be emitted in significant amounts or a
			 significant net emissions increase of the pollutant will occur for a major
			 modification.
(131) "MJ" means megajoules.
(132) "mm" means millimeter.
(133) "MM" means million.
(134) "mo" means month.
(135) "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.
(136) "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
			 air pollutant (to which a standard applies) emitted into the atmosphere by that
			 facility or that results in the emission of any 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 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 is considered to be designed to accommodate an
			 alternative fuel or raw material if that use could be accomplished under the
			 facility's construction specification 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, unless an
			 emission control system is removed or replaced by a system that the cabinet
			 determines to be less environmentally beneficial; or
7. The relocation or change in ownership of a
			 source.
(137)
			 "Monitoring device" means the total equipment, required by an applicable
			 administrative regulation in 401 KAR Chapters 50 to 65, used to measure and
			 record, if applicable, process parameters.
(138) "Monitoring system" means a monitoring
			 system that meets the requirements of any applicable administrative regulation
			 in 401 KAR Chapters 50 to 65.
(139)
			 "MWe" means megawatt electrical.
(140) "N2" means
			 nitrogen.
(141) "Nameplate
			 capacity" means the maximum electrical generating output (in MWe) that a
			 generator can sustain over a specified period of time if not restricted by
			 seasonal or other de-ratings as measured with United States Department of
			 Energy standards.
(142) "Natural
			 conditions" means those naturally occurring phenomena that reduce visibility as
			 measured in terms of visual range, contrast, or coloration.
(143) "Necessary preconstruction approvals or
			 permits" means those permits or approvals required under the administrative
			 regulations approved to the Kentucky SIP pursuant to
			 40 C.F.R.
			 52.920, and federal air quality control laws
			 and regulations established pursuant to
			 42 U.S.C.
			 7401 -
			 7671q.
(144) "Net emissions increase" means:
(a) For any regulated NSR pollutant emitted
			 by a major stationary source, the amount by which the sum of subparagraphs 1
			 and 2 of this paragraph exceeds zero:
1. An
			 increase in emissions from a particular physical change or change in method of
			 operation at a stationary source as calculated pursuant to
			 401
			 KAR 51:017, Section 1(4), or
			 401
			 KAR 51:052, Section 1(2); and
2. Any other increases and decreases in
			 actual emissions at the major stationary source that are contemporaneous with
			 the particular change and are otherwise creditable. Baseline actual emissions
			 for calculating increases and decreases under this paragraph are determined as
			 defined in this section.
(b) An increase or decrease in actual
			 emissions is contemporaneous with the increase from the particular change only
			 if:
1. For construction that commences prior
			 to January 6, 2002, the change occurs between the date ten (10) years before
			 construction on the change commences and the date that the increase from the
			 change occurs; and
2. For
			 construction that commences on and after January 6, 2002, the change occurs
			 between the date five (5) years before construction on the change commences and
			 the date that the increase from the change occurs.
(c) An increase or decrease in actual
			 emissions is creditable only if:
1. The
			 cabinet or the U.S. EPA has not relied on the change in issuing a permit for
			 the source pursuant to
			 401
			 KAR 51:017,
			 401
			 KAR 51:052, or
			 40 C.F.R.
			 52.21; and
2. The permit is in effect at the time the
			 increase or decrease in actual emissions from the particular change
			 occurs.
(d) An increase
			 or decrease in actual emissions of sulfur dioxide, particulate matter, or
			 nitrogen oxides that occurs before the applicable minor source baseline date is
			 creditable only if it is required to be considered in calculating the amount of
			 maximum allowable increases remaining available. For particulate matter, only
			 PM10 emissions are used to evaluate the net emissions
			 increase for PM10.
(e) An increase in actual emissions is
			 creditable only to the extent that the new level of actual emissions exceeds
			 the old level.
(f) A decrease in
			 actual emissions is creditable only to the extent that:
1. The old level of actual emissions or the
			 old level of allowable emissions, whichever is lower, exceeds the new level of
			 actual emissions;
2. The decrease
			 is enforceable as a practical matter at and after the time that actual
			 construction on the particular change begins; and
3. The decrease has approximately the same
			 qualitative significance for public health and welfare as that attributed to
			 the increase from the particular change.
(g) An increase that results from a physical
			 change at a source occurs if the emissions unit on which construction occurred
			 becomes operational and begins to emit a particular pollutant. A replacement
			 unit that requires shakedown becomes operational only after a reasonable
			 shakedown period, not to exceed 180 days.
(h) The term, actual emissions, as defined in
			 subsection (2) of this section does not apply in determining creditable
			 increases and decreases.
(145) "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.
(146) "Nitrogen oxides" means all oxides of
			 nitrogen except nitrous oxide, as measured by test methods specified in the
			 Kentucky SIP.
(147) "ng" means
			 nanograms.
(148) "NO" means nitric
			 oxide.
(149)
			 "NO2" means nitrogen dioxide.
(150) "Nonattainment major new source review
			 program" or "NSR program" is defined by
			 40 C.F.R.
			 51.165(a)(1)(xxx). For
			 purposes of this definition, "administrator" means the U.S. EPA.
(151) "NOx" means
			 nitrogen oxides.
(152)
			 "NOxallowance" is defined by
			 40
			 C.F.R. 96.2.
(153) "NOx Allowance
			 Tracking System" or "NATS" is defined by
			 40
			 C.F.R. 96.2 For purposes of this definition,
			 "administrator" means the U.S. EPA.
(154) "NOx authorized
			 account representative" is defined by
			 40
			 C.F.R. 96.2.
(155) "NOx budget
			 emissions limitation" means, for a NOx budget unit, the tonnage equivalent of
			 the NOx allowances available for compliance deduction
			 for the unit and for a control period under
			 401
			 KAR 51:160 adjusted by deductions of sufficient NOx
			 allowances to account for:
(a) Actual
			 utilization under
			 40 C.F.R.
			 96.42(e) for the control
			 period;
(b) Excess
			 NOxemissions for a prior control period under
			 40
			 C.F.R. 96.54(d);
(c) Withdrawal from the
			 NOx budget program under
			 40 C.F.R.
			 96.86; or
(d) A change in regulatory status for a
			 NOx budget opt-in source under
			 40 C.F.R.
			 96.87.
(156) "NOx budget
			 opt-in source" means an affected facility that has elected to become a NOx
			 budget unit under the NOx Budget Trading Program and whose NOx budget opt-in
			 permit has been issued and is in effect.
(157) "NOx budget
			 source" is defined by
			 40
			 C.F.R. 96.2.
(158) "NOx Budget
			 Trading Program" is defined by
			 40
			 C.F.R. 96.2.
(159) "NOx budget
			 unit" means a unit that is subject to the NOx Budget Trading Program emissions
			 limitation under
			 401
			 KAR 51:160 or
			 40
			 C.F.R. 96.80.
(160) "NOx budget unit
			 operator" means a person who operates, controls, or supervises a
			 NOx budget unit, a NOx budget
			 source, or a unit for which an application for a
			 NOxbudget opt-in permit under
			 401 KAR
			 51:195 is submitted and not denied or withdrawn and
			 includes a holding company, utility system, or plant manager of a NOx budget
			 unit or source.
(161)
			 "NOx budget unit owner" means:
(a) A holder of a portion of the legal or
			 equitable title in a NOx budget unit or in a unit for
			 which an application for a NOx budget opt-in permit
			 under
			 401 KAR
			 51:195 is submitted and not denied or
			 withdrawn;
(b) A holder of a
			 leasehold interest in a NOx budget unit or in a unit for
			 which an application for a NOx budget opt-in permit
			 under
			 401 KAR
			 51:195 is submitted and not denied or
			 withdrawn;
(c) A purchaser of power
			 from a NOxbudget unit or from a unit for which an
			 application for a NOx budget opt-in permit under
			 401 KAR
			 51:195 is submitted and not denied or withdrawn under
			 a life-of-the-unit, firm power contractual arrangement and unless expressly
			 provided for in a leasehold agreement, does not include a passive lessor, or a
			 person who has an equitable interest through the lessor, whose rental payments
			 are not based, either directly or indirectly, upon the revenues or income from
			 the NOx budget unit or the unit for which an application
			 for a NOx budget opt-in permit under
			 401 KAR
			 51:195 is submitted and not denied or withdrawn;
			 or
(d) For any general account, a
			 person who has an ownership interest with respect to the
			 NOx allowances held in the general account and who is
			 subject to the binding agreement for the NOx authorized
			 account representative to represent that person's
			 ownership.
(162)
			 "O2" means oxygen.
(163) "O3" means
			 ozone.
(164) "Opacity" means the
			 degree to which emissions reduce the transmission of light and obscure the view
			 of an object in the background.
(165) "Operating" means, for a
			 NOx budget unit, having documented heat input for more
			 than 876 hours in the six (6) months immediately preceding the submission of an
			 application for an initial NOxbudget permit.
(166) "Operator" means, for a
			 NOxbudget unit, any person who operates, controls, or
			 supervises a NOx budget unit, a
			 NOxbudget source, or unit for which an application for a
			 NOxbudget opt-in permit is submitted and not denied or
			 withdrawn, and includes any holding company, utility system, or plant manager
			 of the unit or source.
(167)
			 "Opt-in" means to be elected to become a NOx budget unit
			 under the NOx Budget Trading Program through a final
			 NO10 budget opt-in permit.
(168) "Owner", for a
			 NOx budget unit, is defined by
			 40
			 C.F.R. 96.2.
(169) "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.
(170) "oz" means ounce.
(171) "Ozone depleting potential" or "ODP",
			 means pursuant to 40 C.F.R. Part 82 , Subpart A, Appendices A and B, the ratio
			 of the total amount of ozone destroyed by a fixed amount of an ozone depleting
			 substance to the amount of ozone destroyed by the same mass of
			 trichlor-ofluoromethane (CFC-11) in which the ozone depleting potential of
			 CFC-11 is equal to one and zero-tenths (1.0).
(172) "Ozone depleting substance" or "ODS"
			 means any chemical compound regulated under 40 C.F.R. Part 82 with decay
			 products, after the photolysis of the ODS by short-wave ultraviolet light, that
			 are able to catalyze the destruction of stratospheric ozone.
(173) "PAL effective date" means:
(a) The date of issuance of the PAL permit;
			 or
(b) For an increased PAL, the
			 date any emissions unit that is part of the PAL major modification becomes
			 operational and begins to emit the PAL pollutant.
(174) "PAL effective period" means the period
			 beginning with the PAL effective date and ending ten (10) years
			 later.
(175) "PAL major
			 modification" means any physical change in or a change in the method of
			 operation of the PAL source that causes it to emit the PAL pollutant at a level
			 equal to or greater than the PAL.
(176) "PAL permit" means the permit issued by
			 the cabinet that establishes a PAL for a major stationary source.
(177) "PAL pollutant" means the pollutant for
			 which a PAL is established at a major stationary source.
(178) "Particulate matter" means a material,
			 except uncombined water that exists in a finely divided form as a liquid or
			 solid measured by a U.S. EPA-approved test method or a test method approved in
			 the Kentucky SIP.
(179)
			 "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 Kentucky SIP.
(180) "Peak load" means the maximum
			 instantaneous operating load.
(181)
			 "Permitted capacity factor" means the annual permitted fuel use divided by the
			 manufacturer's specified maximum fuel consumption multiplied by 8,760 hours per
			 year.
(182) "Person" is defined by
			 KRS
			 224.1-010(17).
(183) "Plant-wide applicability limitation"
			 or "PAL" means an emission limitation, expressed in tons per year, for a
			 pollutant at a major stationary source, that is enforceable as a practical
			 matter and is established source-wide in accordance with
			 401
			 KAR 51:017 or
			 401
			 KAR 51:052.
(184) "PM2.5" means
			 particulate matter with an aerodynamic diameter less than or equal to a nominal
			 two and five-tenths (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.
(185)
			 "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.
(186) "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
			 Kentucky SIP.
(187) "Pollution
			 prevention" is defined by
			 40 C.F.R.
			 51.166(b)(38).
(188) "Portland cement" means a hydraulic
			 cement produced by pulverizing clinker consisting essentially of hydraulic
			 calcium silicates.
(189) "Portland
			 cement kiln" means a system, including solid, gaseous or liquid fuel combustion
			 equipment, used to calcite and fuse raw materials, including limestone and
			 clay, to produce Portland cement clinker.
(190) "Potential to emit" or "PTE" means:
(a) The maximum capacity of a stationary
			 source to emit a pollutant under its physical and operational design, in which:
1. 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
2. This definition does not alter or affect
			 the use of this term for other purposes of the Clean Air Act,
			 42 U.S.C.
			 7401 -
			 7671q,
			 or the term "capacity factor" as used in the Acid Rain
			 Program.
(b) For the PSD
			 and NSR programs, the maximum capacity of a stationary source to emit a
			 pollutant under its physical or operational design, in which:
1. A physical or operational limitation on
			 the capacity of the source to emit a 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 or the effect it would have on emissions:
a. Is federally enforceable; or
b. For an actual PAL, is federally
			 enforceable or enforceable as a practical matter; and
2. Secondary emissions are not
			 counted.
(191)
			 "ppb" means parts per billion.
(192) "ppm" means parts per
			 million.
(193) "ppm(w/w)" means
			 parts per million (weight by weight).
(194) "Precalciner kiln" means a kiln in
			 which the feed to the kiln system is preheated in cyclone chambers and utilizes
			 a second burner to calcine material in a separate vessel attached to the
			 preheater prior to the final fusion in a kiln that forms clinker.
(195) "Predictive emissions monitoring
			 system" or "PEMS" is defined by
			 40 C.F.R.
			 51.166(b)(44).
(196) "Preheater kiln" means a kiln in which
			 the feed to the kiln system is preheated in cyclone chambers prior to the final
			 fusion in a kiln that forms clinker.
(197) "Prevention of Significant
			 Deterioration Program" or "PSD Program" means a major source preconstruction
			 program that has been approved by the U.S. EPA and incorporated into the
			 Kentucky SIP to implement the requirements of
			 40 C.F.R.
			 51.166 or
			 52.21.
(198) "Project" means a physical change in or
			 change in method of operation of an existing major stationary source.
(199) "Projected actual emissions" means:
(a) The maximum annual rate, in tons per
			 year, at which an existing emissions unit is projected to emit a regulated NSR
			 pollutant in any one (1) of the five (5) years, in a twelve (12) month period,
			 following the date the unit resumes regular operation after the project, or in
			 any one (1) of the ten (10) years following that date, if:
1. The project involves increasing the
			 emissions unit's design capacity or its potential to emit the regulated NSR
			 pollutant; and
2. Full utilization
			 of the unit would result in a significant emissions increase or a significant
			 net emissions increase at the major stationary source; or
(b) The maximum annual rate, in tons per
			 year, at which an emissions unit, before beginning actual construction, is
			 projected to emit a regulated NSR pollutant, if the source:
1.
a.
			 Considers all relevant information, including historical operational data and
			 the company's own representations of expected and highest projected business
			 activity, filings with the cabinet and the U.S. EPA, and compliance plans under
			 the Kentucky SIP;
b. Includes
			 fugitive emissions and emissions associated with startups, shutdowns, and
			 malfunctions; and
c. Excludes, in
			 calculating any increase in emissions that results from a project, that portion
			 of the unit's emissions following the project that an existing unit could have
			 accommodated during the consecutive twenty-four (24) month period used to
			 establish the baseline actual emissions and that are also unrelated to the
			 project, including any increased utilization due to product demand growth;
			 or
2. Elects to use the
			 emissions unit's potential to emit, in tons per year, instead of using
			 sub-paragraph 1. of this paragraph to determine projected actual
			 emissions.
(200) "psia" means pounds per square inch
			 absolute.
(201) "psig" means pounds
			 per square inch gage.
(202)
			 "RACT/BACT/LAER Clearinghouse" or "RBLC" means the U.S. EPA's online collection
			 of previous RACT/BACT/LAER determinations.
(203) "Reactivation of a very clean
			 coal-fired EUSGU" is defined by
			 40 C.F.R.
			 51.166(b)(37).
(204) "Reasonable further progress" is
			 defined by
			 42
			 U.S.C. 7501(1). For purposes
			 of this definition, "administrator" means the U.S. EPA.
(205) "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 of 401 KAR Chapters
			 50 to 65.
(206)
			 "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 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.
(207) "Regulated NSR pollutant" means:
(a) For
			 401
			 KAR 51:017:
1. A
			 pollutant for which a national ambient air quality standard has been
			 promulgated and the following constituents or precursors to that pollutant:
a. Volatile organic compounds and nitrogen
			 oxides are precursors to ozone in all attainment and unclassifiable
			 areas;
b. Sulfur dioxide is a
			 precursor to PM2.5 in all attainment and unclassifiable
			 areas;
c. Nitrogen oxides are
			 presumed to be precursors to PM2.5 in all attainment and
			 unclassifia-ble areas unless the Cabinet demonstrates to the EPA
			 administrator's satisfaction or EPA demonstrates that emissions of nitrogen
			 oxides from sources in a specific area are not a significant contributor to
			 that area's ambient PM2.5 concentrations;
d. Volatile organic compounds are presumed
			 not to be precursors to PM2.5 in an attainment or
			 unclassifiable area unless the Cabinet demonstrates to the EPA administrator's
			 satisfaction or EPA demonstrates that emissions of volatile organic compounds
			 from sources in a specific area are a significant contributor to that area's
			 ambient PM2.5 concentrations; and
e. PM2.5 emissions and
			 PM10 emissions include gaseous emissions from a source
			 or activity that condense to form particulate matter at ambient temperatures;
(i) On or after January 1, 2011, condensable
			 particulate matter is included in applicability determinations and in
			 establishing emissions limitations for PM2.5 and
			 PM10 in permits issued pursuant to
			 401
			 KAR 51:017;
(ii) Compliance with emissions limitations
			 for PM2.5 and PM10 issued prior
			 to January 1, 2011, is not based on condensable particulate matter unless
			 required by the terms and conditions of a permit; and
(iii) Applicability determinations made prior
			 to January 1, 2011, without accounting for condensable particulate matter are
			 not considered in violation of this section;
2. A pollutant subject to a standard
			 promulgated under
			 42 U.S.C.
			 7411;
3. A pollutant subject to a standard
			 promulgated under or established by
			 42
			 U.S.C. 7671 to
			 7671q;
			 or
4. A pollutant that otherwise is
			 subject to regulation, as defined in subsection (231) of this section, under
			 42 U.S.C.
			 7401 to
			 7671q,
			 except that any hazardous air pollutant (HAP) listed in
			 42 U.S.C.
			 7412 or added to the list pursuant to
			 42 U.S.C.
			 7412(b)(2), that has not
			 been delisted pursuant to
			 42 U.S.C.
			 7412(b)(3), is not a
			 regulated NSR pollutant unless the listed HAP is also regulated as a
			 constituent or precursor of a general pollutant listed under
			 42 U.S.C.
			 7408; or
(b) For
			 401
			 KAR 51:052:
1.
			 Nitrogen oxides or volatile organic compounds; or
2. A pollutant for which a national ambient
			 air quality standard has been promulgated and the following constituents or
			 precursors to that pollutant:
a. Volatile
			 organic compounds and nitrogen oxides are precursors to ozone in all ozone
			 nonattainment areas;
b. Sulfur
			 dioxide is a precursor to PM2.5 in all
			 PM2.5 nonattainment areas;
c. Nitrogen oxides are presumed to be
			 precursors to PM2.5 in all PM2.5
			 nonattainment areas unless the Cabinet demonstrates to the EPA Administrator's
			 satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources
			 in a specific area are not a significant contributor to that area's ambient
			 PM2.5 concentrations;
d. Volatile organic compounds and ammonia are
			 presumed not to be precursors to PM2.5 in a
			 PM2.5 nonattainment area unless the Cabinet demonstrates
			 to the EPA Administrator's satisfaction or EPA demonstrates that emissions of
			 volatile organic compounds or ammonia from sources in a specific area are a
			 significant contributor to that area's ambient PM2.5
			 concentrations; and
e.
			 PM2.5 emissions and PM10
			 emissions include gaseous emissions from a source or activity that condense to
			 form particulate matter at ambient temperatures;
(i) On or after January 1, 2011, condensable
			 particulate matter is included in applicability determinations and in
			 establishing emissions limitations for PM2.5 and
			 PM10 in permits issued pursuant to
			 401
			 KAR 51:052;
(ii) Compliance with emissions limitations
			 for PM2.5 and PM10 issued prior
			 to January 1, 2011, is not based on condensable particulate matter unless
			 required by the terms and conditions of a permit; and
(iii) Applicability determinations made prior
			 to January 1, 2011, without accounting for condensable particulate matter are
			 not considered in violation of this
			 section.
(208) "Replacement unit" means an emissions
			 unit that does not generate creditable emissions reductions by shutting down
			 the existing emissions unit that is replaced, and that:
(a)
1. Is a
			 reconstructed unit within the meaning of
			 40 C.F.R.
			 60.15(b)(1) or that
			 completely takes the place of an existing emissions unit;
2. Is identical to or functionally equivalent
			 to the replaced emissions unit; and
3. Does not alter the basic design parameters
			 of the process unit.
(b)
			 Replaces a unit that:
1. Is permanently
			 removed from the major stationary source, is otherwise permanently disabled, or
			 is prohibited from operating by a permit that is enforceable as a practical
			 matter; and
2. If brought back into
			 operation, is considered a new emissions unit.
(209) "Repowering" is defined by
			 40 C.F.R.
			 51.166(b)(36).
(210) "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 in advance by the
			 cabinet 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.
			 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 the acid rain portion of a permit for
			 an affected source, the designated representative.
(211) "Run" means the net period of time,
			 either intermittent or continuous within the limits of good engineering
			 practice, when an emission sample is collected.
(212) "S" means at standard
			 conditions.
(213) "sec" means
			 second.
(214) "Secondary emissions"
			 means emissions that:
(a) Occur as a result of
			 the construction or operation of a major stationary source or major
			 modification, and 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 vessel.
(215) "Serious nonattainment county" or
			 "serious nonattainment area" means a county or portion of a county designated
			 serious nonattainment for the national ambient air quality standard for
			 ozone.
(216) "Severe nonattainment
			 county" or "severe nonattainment area" means a county or portion of a county
			 designated severe nonattainment for the national ambient air quality standard
			 for ozone.
(217) "Shutdown" means
			 the cessation of an operation.
(218) "Significant" means:
(a) For
			 401
			 KAR 51:017, in reference to a net emissions increase
			 or the potential of a source to emit any of the pollutants listed in the
			 following table, a rate of emissions that would equal or exceed a corresponding
			 rate listed in the table:
POLLUTANT
EMISSIONS RATE
Carbon monoxide
100 tons per year (tpy)
Ozone depleting substance
100 tpy
Nitrogen oxides
40 tpy
Sulfur dioxide
40 tpy
PM2.5
10 tpy direct, 40 tpy of sulfur dioxide or nitrogen
						  oxides *
PM10
15 tpy
Particulate matter
25 tpy
Ozone
40 tpy of volatile organic compounds or nitrogen
						  oxides
Lead
0.6 tpy
Fluorides
3 tpy
Sulfuric acid mist
7 tpy
Hydrogen sulfide (H2S)
10 tpy
Total reduced sulfur (including H2S)
10 tpy
Reduced sulfur compounds (including H2S)
10 tpy
Municipal waste com-bustor organics (measured as total
						  tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofu-rans)
3.2 x 10-6 mega-grams per
						  year (Mg/y) (3.5 x 10-6 tpy)
Municipal waste com-bustor metals (measured as
						  particulate matter)
14 Mg/y (15 tpy)
Municipal waste com-bustor acid gases (measured as
						  sulfur dioxide and hydrogen chloride)
36 Mg/y (40 tpy)
Municipal solid waste landfill emissions (measured as
						  non-methane organic compounds)
45 Mg/y (50 tpy)
*Nitrogen oxide emissions are evaluated unless demonstrated not
				to be a PM2.5 precursor pursuant to subsection (207)(a)1 .c. of this
				section.
(b) For
			 401
			 KAR 51:017, in reference to a net emissions increase
			 or the potential of a source to emit a regulated NSR pollutant that is not
			 listed in the table in paragraph (a) of this subsection, any emissions
			 rate;
(c) For
			 401
			 KAR 51:017, in reference to an emissions rate or a net
			 emissions increase associated with a major stationary source or major
			 modification, that is to be constructed within ten (10) kilometers of a Class I
			 area, an impact on that area equal to or greater than one (1)
			 ng/m3 over a twenty-four (24) hour
			 average;
(d) For
			 401
			 KAR 51:052, in reference to a net emissions increase
			 or the potential of a source to emit any of the pollutants listed in the
			 following table, a rate of emissions that would equal or exceed a corresponding
			 rate listed in the table:
POLLUTANT
EMISSIONS RATE
Carbon monoxide
100 tons per year (tpy)
Ozone depleting substance
100 tpy
Nitrogen oxides
40 tpy
Sulfur dioxide
40 tpy
PM2.5
10 tpy direct, 40 tpy of sulfur dioxide or
nitrogen oxides *
PM10
15 tpy
Ozone
40 tpy of volatile organic compounds or nitrogen
						  oxides
Lead
0.6 tpy
*Nitrogen oxide emissions are evaluated unless demonstrated not
				to be a PM2.5 precursor pursuant to subsection
				(207)(b)2.c. of this section.
(e) For
			 401
			 KAR 51:052, with the exception of the significant
			 emissions rate for ozone in this subsection, significant means, in reference to
			 an emissions increase or net emissions increase, a rate of emissions that
			 exceeds the following:
1. Twenty-five (25)
			 tons per year of volatile organic compounds or nitrogen oxides in a serious or
			 severe ozone nonattainment area; or
2. An increase in actual emissions of
			 volatile organic compounds or nitrogen oxides in an extreme ozone nonattainment
			 area; or
(f) For
			 401
			 KAR 51:052, with the exception of the significant
			 emissions rate for carbon monoxide in this subsection, significant means, in
			 reference to an emissions increase or net emissions increase, a rate of
			 emissions of carbon monoxide that equals or exceeds fifty (50) tons per year in
			 a serious nonattainment area for carbon monoxide in which a stationary source
			 contribute significantly to carbon monoxide levels.
(219) "Significant emissions increase" means,
			 for a regulated NSR pollutant, an increase in emissions that is equal to or
			 greater than the emission level that is significant for that
			 pollutant.
(220) "Significant
			 emissions unit" means an emissions unit that emits or has the potential to emit
			 a PAL pollutant in an amount equal to or greater than the applicable
			 significant level as defined in subsection (218) of this section or in
			 42 U.S.C.
			 7401 to
			 7671q,
			 whichever is lower for that PAL pollutant, but less than the amount that would
			 qualify the unit as a major emissions unit.
(221) "Small emissions unit" means an
			 emissions unit that emits or has the potential to emit the PAL pollutant in an
			 amount less than the PAL pollutant's applicable significant level as defied in
			 subsection (218) of this section; or in
			 42 U.S.C.
			 7401 to
			 7671q,
			 whichever is lower.
(222)
			 "SO2" means sulfur dioxide.
(223) "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.
(224) "sq" means
			 square.
(225) "Stack or chimney"
			 means a flue, conduit, or duct arranged to conduct emissions to the
			 atmosphere.
(226) "Standard" means
			 an emission standard, a standard of performance, or an ambient air quality
			 standard as promulgated in 401 KAR Chapters 50 to 65 or the emission control
			 requirements necessary to comply with 401 KAR Chapter 51.
(227) "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); or
(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).
(228) "Start-up" or
			 "startup" means the setting in operation of an affected facility.
(229) "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.
(230) "Stationary source"
			 means a building, structure, facility, or installation that emits or has the
			 potential to emit a regulated NSR pollutant.
(231) "Subject to regulation" is defined by
			 40 C.F.R.
			 51.166(b)(48).
(232) "Submit" means to send or transmit a
			 document, information, or correspondence in accordance with an applicable
			 requirement.
(233) "TAPPI" means
			 Technical Association of the Pulp and Paper Industry.
(234) "Temporary clean coal technology
			 demonstration project" is defined by
			 40 C.F.R.
			 51.166(b)(35).
(235) "Ton" or "tonnage", for a NOx budget
			 source, means a short ton or 2,000 pounds. For determining compliance with the
			 NOx budget emissions limitation, total tons for a control period is calculated
			 as the sum of all recorded hourly emissions, or the tonnage equivalent of the
			 recorded hourly emissions rates, in accordance with 40 C.F.R. Part 96 , Subpart
			 H with any remaining fraction of a ton equal to or greater than 0.50 ton deemed
			 to equal one (1) ton and any fraction of a ton less than 0.50 ton deemed to
			 equal zero tons.
(236) "Total
			 suspended particulates" or "TSP" means particulate matter as measured by the
			 method described in 40 C.F.R. Part 50 , Appendix B.
(237) "tpy" means tons per year.
(238) "TSS" means total suspended
			 solids.
(239) "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.
(240) "Unit" means a fossil fuel-fired
			 stationary boiler, combustion turbine, or combined cycle system.
(241) "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 is classified as urban for 401 KAR Chapters 50 to 65.
(242) "Urbanized area" means an area defined
			 by the U.S. Department of Commerce, Bureau of Census.
(243) "U.S. EPA" means the United States
			 Environmental Protection Agency.
(244) "UTM" means Universal Transverse
			 Mercator.
(245) "Visibility
			 impairment" is defined by
			 40
			 C.F.R. 51.301.
(246) "Volatile organic compound" or "VOC" is
			 defined by
			 40
			 C.F.R. 51.100(s).
(247) "yd" means yard.