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 51:160 - NOx requirements for large utility and industrial boilers

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100,
				224.20-100,
				224.20-110,
				224.20-120,
				40
				C.F.R. 51.121,
				51.122,
				72.2,
				75.1,
				75.2,
				75.4,
				75.11-75.13,
				75.17,
				75.19,
				75.20,
				75.24,
				75.70,
				75.72,
				75.74,
				75.75,
				Part 96,
				42
				U.S.C. 7410
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.
				42
				U.S.C. 7410 requires each state to promulgate
				a plan which provides for implementation, maintenance, and enforcement of the
				national primary and secondary ambient air quality standard in each air quality
				control region within the state. This administrative regulation establishes
				requirements for the control of nitrogen oxides (NOx) emissions from large
				boilers and turbines used in power plants and other industrial applications,
				pursuant to the federal mandate published under the NOx SIP Call. This
				administrative regulation is not more stringent nor otherwise different than
				the provisions allowed under the federal mandate.
Section 1. Applicability. This administrative
			 regulation shall apply to NOx budget units that are electric generating units
			 or industrial boilers or turbines, except as provided in Section 2 of this
			 administrative regulation.
Section
			 2. Exemptions.
(1) Exemptions
			 based on permit limitations. A NOx budget unit shall be exempt from Sections 3
			 to 7 of this administrative regulation if the owner or operator complies with
			 this subsection.
(a) The source shall have a
			 federally-enforceable permit issued by the cabinet containing conditions for
			 the unit that:
1. Limit the unit's NOx
			 emissions during each control period beginning in 2004 to twenty-five (25) tons
			 or less;
2. Restrict the unit to
			 burning only natural gas or fuel oil during a control period in 2004 and each
			 control period thereafter;
3.
			 Restrict the unit's operation hours during each control period to the number
			 calculated by dividing twenty-five (25) tons of potential NOx mass emissions by
			 the unit's maximum potential hourly NOx mass emissions;
4. Require that the unit's potential NOx mass
			 emissions shall be calculated pursuant to
			 40
			 C.F.R.
			 96.4(b)(1)(iii);
5. Require that the owner or operator of the
			 unit shall retain at the source that includes the unit, for five (5) years,
			 records demonstrating that the operating hours restriction, the fuel use
			 restriction, and the other requirements of the permit related to these
			 restrictions were met; and
6.
			 Require that, by November 1 of each year for which the unit is subject to the
			 federally-enforceable permit, the owner or operator of the unit, through the
			 authorized account representative, shall:
a.
			 Secure and transfer to an account established pursuant to
			 401 KAR
			 51:190, NOx allowances for each control period in an
			 amount equal to the NOx emission limitation (in tons of NOx) under
			 subparagraphs 1 and 3 of this paragraph upon which the unit's exemption is
			 based; and
b. Report to the cabinet
			 the unit's hours of operation (treating any partial hour of operation as a
			 whole hour of operation) and the number of NOx allowances transferred pursuant
			 to clause a of this subparagraph.