U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-290 266
Air Pollution Regulations in State
Implementation Plans: Kentucky
Abcor Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC
Aug 78
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United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-450/3-78-067
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
Kentucky
REPRODUCf0 BY
NATIONAL TECHNICAL
INFORMATION SERVICE
U. S. DEPARTMENT OF COMMERCE
SPRINGFIELD, VA. 22161
-------
TECHNICAL REPORT DATA
(Please read Inunctions on the reverse before completing)
i. REPORT NO.
EPA-450/3-78-067
ITT
3. RECIPIENT'S ACCESSION-NO. , f
£ft *C>
4. TITLE AND SUBTITLE
5. REPORT DATE
Air Pollution Regulations in State Implementation i
Plans: Kentucky
6. PERFORMING ORGANIZATION CODE
, AIIIHOH(S)
8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Wai den Division of Abcor, Inc.
Wilmington, Mass.
12. SPONSORING AGENCY NAME AND ADDRESS
Control Programs Development Division
Office of Air Quality Planning and Standards
Office of Air, Noise, and Radiation
Research Triangle Park. NC 27711
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-2890
13. TYPE OF REPORT AND PERIOD COVERED
14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell, Control Programs Development Division
16. ABSTRACT
This document has been produced in compliance with Section 110(h)(l) of the Clean Air
Act amendments of 1977. The Federally enforceable regulations contained in the State
Implementation Plans (SIPs) have been compiled for all 56 States and territories
(with the exception of the Northern Mariana Islands). They consist of both the
Federally approved State and/or local air quality regulations as indicated in the
Federal Register and the Federally promulgated regulations for the State, as
indicated .in the Federal Register. Regulations which fall into one of the above
categories as of January 1,1978, have been incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air quality regulations
which have not been Federally approved as of January 1, 1978, are not included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
17.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
Air pollution
Federal Regulations
Pollution .
State Implementation Plans
I. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
b.lDENTIFIERS/OPEN ENDED TERMS
19. SECURITY CLASS (This Report)
Unclassified
20. SECURITY CLASS (Thispage)
Unclassified
c. COSATl Field/Group
22.PR,cE fo
A l,2x /
EPA Form 2220-1 (9-73)
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EPA-450/3-78-067
ir Pollution Regulations
in State Implementation Plans
Kentucky
by
Walden Division of Abcor, Inc.
Wilmington, Massachusetts
Contract No. 68-02-2890
EPA Project Officer: Bob Schell
Prepared for
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Air, Noise, and Radiation
Office of Air Quality Planning and Standards
Research Triangle Park, North Carolina 27711
August 1978
-------
This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers. Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 6B-02-2890. The contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc. The opinions,
findings, and conclusions expressed are those of the author and not
necessarily those of the Environmental Protection Agency. Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
Publication No. EPA-450/3-78-067
11
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INTRODUCTION
This document has been produced in compliance with Section 110(h)(l)
of the dean Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been
compiled For all % Stales and territories (with the exception of tho ,
Northern Mariana Islands). They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated. As
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceability of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking' management regulations in the absence of specific Federal
authorizing legislation. Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
beirequired for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted Indirect source regulations contained in an applicable SIP
are Federally enforceable. More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities or projects. Therefore, the
Federally promulgated indirect source regulations appearing in this
document'are not enforceable by EPA except as they relate to Federal
facilities.
Si,nee State air quality regulations vary widely in their organization,
content, and language, a standardized subject index is utilized in this
document. Index listings consist of both contaminant and activity oriented
categories.to. facilitate usage. For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), particu-
late matter, process weight (50.1.1), or copper smelters (51.15). Federal
regulations pertaining to a given State immediately follow the approved
State and, local regulations.
Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document. Specifically,
the summary sheets contain the date of submittal to EPA of each revision
in
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to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EPA. Finally, a brief description
or reference of the regulation which was submitted is also included.
This document is not intended to provide a tool for determining
the enforceability of any given regulation. As stated aboves it is
intended to provide a comprehensive compilation of those regulations
which are incorporated directly or by reference into Title 40, Part 52,
of the Code of Federal Regulations. Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the
enforceability, of the regulation. Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
IV
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SUMMARY SHEET
EPA-APPROVED REGULATION CHANGES
KENTUCKY
Submittal Date
12/29/73
8/29/75
9/16/75
Approval Date
2/25/74
5/10/76
5/10/76
Description
AP-11 (Indirect Sources)
replaced by 401 KAR 3:070
Regs 401 KAR 3:010, 3:020,
3:030, 3:050, 3:060, 3:070,
Note: The last sentence in
IToTO Section 3(1) is
disapproved
Note: Ambient Air Quality
Standards (in Section 3)
as they apply to Boyd
County for S02 are disapprovet
Control Strategies
Chapter IV, V
Section Number
52.927
52.931
FEDERAL REGULATIONS
Description
Compliance Schedules
Prevention of Signi-
ficant Deterioration
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DOCUMENTATION OF CURRENT EPA-APPROVED
STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
1.0 DEFINITIONS.
2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES. OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
4.1 PARTICULATES
4.2 SULFUR DIOXIDE
4.3 NITRIC OXIDES
4.4 HYDROCARBONS
4.5 CARBON MONOXIDE
4.6 OXIDANTS
4.7 OTHERS
5.0 VARIANCES
6.0 COMPLIANCE SCHEDULES
7.0 EQUIPMENT MALFUNCTION AND MAINTENANCE
8.0 EMERGENCY EPISODES
9.0 AIR QUALITY SURVEILLANCE AND SOURCE TESTING
10.0 NEW SOURCE PERFORMANCE STANDARDS
11.0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12,0 MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0 RECORD KEEPING AND REPORTING
14.0 .PUBLIC AVAILABILITY OF DATA
15.0 LEGAL AUTHORITY AND ENFORCEMENT
16.0 HEARINGS,.COMPLAINTS, AND INVESTIGATIONS
17.0 PREVENTION OF SIGNIFICANT DETERIORATION
18.0 ,AIR QUALIFY MAINTENANCE AREA
19.0 - 49.0
RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
5o.o POLLUTANT'- SPECIFIC REGULATIONS
50.1 PARTICULATES
'50,1.1 PROCESS WEIGHT
50/1.2 VISIBLE EMISSIONS
, 5Q''1.3 GENERAL
VI
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50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb, Hg, etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (Includes Grain Handling, Orchard Heaters,
Rice and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Particulates
(includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) N02 (includes
. , Fuel Content and Other Related Topics)
51.8 .HOT MIX ASPHALT PLANTS
51.9 INCINERATION
.51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (includes Related Topic)
51.13 OPEN BURNING (includes Forest Management, Forest Fire, Fire
Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (includes Related Topics)
51.15 PETROLEUM REFINERIES
51.16 PETROLEUM STORAGE (includes Loading, Unloading, Handling and
Related Topics)
51.17 SECONDARY METAL OPERATIONS (includes Aluminum, Steel and Related
Topics)
51.18 'SULFURIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS
VII
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TABLE OF CONTENTS
Revised Standard
Subject Index
(2.0)
(2.0)
(1.0)
(2.0)
(2.0)
(2.0)
, (3.0)
(3.0) . .
(13.0)
(9.0)
(7.0)
(2.0)
(2.0)
(4.0)
(2.0)
(2.0)
(1.0)
STATE
Section
Number
401 KAR 3:010
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
401 KAR 3:020
Section 1
Section 2
Section 3
REGULATIONS
Title Page
General Provisions 1
General Application of Regula-
tions and Standards
Definitions
Abbreviations
Air Quality Control Regions
Classification of Air Quality «
Control Regions
Registration of Air Contaminant
Sources
Issuance of Permits and Compli-
ance Schedules
Monitoring Records and
Reporting
Sampling and Testing Methods
Emissions During Shutdown and
Malfunction of Control
Equipment
Prohibition of Air Pollution
Circumvention
Ambient Air Quality Standards
Purpose of Standards and Expres-
sion of Non-Degradation
Intention
Applicability
Definitions
1
1
4
6
8
10
11
13
13
13
15
15
16
16
16
16
VIII
-------
Revised Standard
Subject Index
(4.0)
(2.0)
(9.0)
(Bid)
(2.0)
(8.0)
(8.0)
(8.0)
(8.0)
(8.0)
(8.0)
(11.0)
(2.0)
(1.0)
(11.0)
(50.7)
(50.7)
(50.7)
(50.7)
(10.0)
Section
Number
Section 4
Section 5
Section 6
401 KAR 3:030
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
401 KAR 3:040
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
401 KAR 3:050
Title Page
Ambient Air Quality Standards 18
Time Schedule for Achieving Air 20
Quality Standards
Methods of Measurement 20
Emergency Episodes 21
Purpose 21
Episode Criteria 21
Emission Reduction Plans 24
Preplanned Abatement Strategies 24
Abatement Strategies Emission 25
Reduction Plans: Alert Level
Emission Reduction Plans: 26
Warning Level
Emission Reduction Plans 28
Emergency Level
Control of Emission of Hazardous 31
Pollutants
Applicability 31
Definitions 31
Potential Hazardous Emissions 32
Emission Standard for Asbestos 32
Emission Standard for Beryllium 38
Emission Standard for Mercury 42
Emission Standard for Beryllium 46
Rocket Motor Firing
Standards of Performance for 48
New Sources
IX
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Revised Standard Section
Subject Index Number
(2,0) Section 1
(10.0) (50.1.1) Section 2
(51.5) (51.6) (51.7) Section 3
(51.9) Section 4
(51.3) Section 5
(51.10) Section 6
: (5lil8) Section 7
(51.8) Section 8
(51.15) Section 9
(51.16) Section 10
(51.17) Section 11
(51.17) Section 12
(51.17) Section 13
(51.9) Section 14
(51.21) Section 15
Title Page
General Provisions 48
New Stationary Sources - Process 54
Operations
Standards of Performance for 56
Indirect Heat Exchangers
Standards of Performance for 64
Incinerators
Standards of Performance for 68
Portland Cement Plants
Standards of Performance for 70
Nitric Acid Plants
Standards of Performance for 72
Sulfuric Acid Plants
Standards of Performance for 74
Asphalt Concrete Plants
Standards of Performance for 75
Petroleum Refineries
Standards of Performance for 82
Storage Vessels for Petroleum
Liquids
Standards of Performance for 86
Secondary Lead Smelters
Standards of Performance for 87
Secondary Brass and Bronze Ingot
Production Plants
Standards of Performance for 89
Iron and Steel Plants
Standards of Performance for 90
Sewage Treatment Plants
Standards of Performance for 92
Sources Using Organic Solvents
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Revised Standard
Section
Subject Index
(51.14)
(51.14)
(51.15)
(51.16)
(2.0)
,(2.;0)
(51.9).
(51.5) (51.6)
(50.1.1)
(51.14)
(51.14)
(51.18)
(51.15)
(51.15)
(51.16)
(51.16)
Number
Section 16
Section 17
Section 18
Section 19
401 KAR 3:060
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Title Page
Standards of Performance for 95
Kraft (Sulfate) Pulp Mills
Standards of Performance for 96
Sulfite Pulp Mills
Standards of Performance for 97
Ethylene Producing Plants
Standards of Performance for 97
Oil-Effluent Water Separators
Standards of Performance for 99
Existing Sources
General Provisions 99
Standards of Performance for 104
Incinerators
Standards of Performance for 107
Indirect Heat Exchangers
Standards of Performance for 115
Process Operations
Standards of Performance for 117
Kraft (Sulfate) Pulp Mills
Standards of Performance for 120
Sulfite Pulp Mills
Standards' of Performance for 120
Sulfuric Acid Plants
Standards of Performance for 121
Process Gas Streams
Standards of Performance for 122
Ethylene Producing Plants
Standards of Performance for 123
Oil-Effluent Water Separators
Standards of Performance for 123
Storage Vessels for Petroleum
Liquids
XI
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Revised Standard
Subject Index
i
(51.16)'
Section
Number
Section 12
Section 13
(50.1)
(51.13)
(51.10)
(50.1) (50.2)
(2.0)
(50:.2)
(50.1)
(2.0)
(2.0)
(50.3) (50.4) (50.5)
^ ' (2.0)
(2.0)
(2.0)
(2.0)
(50.2)
i.
(51.6)
(51.18)
Section 14
Section 15
Section 16
Chapter IV
4.0
4.1
4.2
4.3
4.4
Chapter V
5.1
5.2
5.3
5.4
Regulation No. AP-4
1.
2.
Title Page
Standards of Performance for 126
Petroleum Liquids Loading
Facilities
Standards of Performance for 127
Sources Using Organic Solvents
Control of Fugitive Emissions 130
Control of Open Burning 132
Standard of Performance for 134
Nitric Acid Plants
Control Strategy - Sulfur Oxides 137
and Particulate Matter
Background 137
Sulfur Dioxide 139
Particulate Matter 153
Air Quality Data 154
Emissions Inventory 154
Carbon Monoxide, Hydrocarbons, 160
Photochemical Oxidants and
Nitrogen Dioxide
Control Strategy 160
Existing Emission Inventory 177
Air Quality Data 189
References 191
Control of Sulfur Compound 193
Emissions
Emissions from Indirect Heat 193
Exchangers
Emissions from Sulfuric Acid 196
Plants
XII
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Revised Standard
Section
Subject Index
(51.2) (51.15)
(51.14)
(51.14)
(6.0)
(9.0)
(51.2)
. (2-0)
(51.2)
(51.2)
(4.0)
(2.0)
.(4-0)
(6.0)
(9.0)
(2.0)
(2.0)
(2.0)
(2.0)
(1.0)
Number
3.
4.
5.
6.
7.
Regulation No
1.
2
3
Regulation No
1.
2.
3.
4.
5.
6.
Regulation No
1.
2.
Title Page
Emissions from Petroleum Refi- . 196
neries, By-Product Coke Plants
and Other Processes
Emissions from Sulfite Pulp Mills 197
Emissions from Kraft (Sulfate) 197
Pulp Mills
Time Schedule for Compliance 197
Testing and Sampling 198
AP-8 Control of Coal Refuse Area 202
Applicability 202
Deliberate Ignition Prohibited 203
Burning Coal Refuse Disposal 203
Areas :
AP-9 Ambient Air Quality Standards 204
Purposes of Standards and 204
Expression on Non-degradation
Intention
Air Contaminant Concentrations 204
Time Schedule for Achieving 206
Ambient Air Quality Standards
Method of Measurement 206
Abbreviations Used in this 206
Regulation
Conversion Between Volume and 207
Mass Units of Concentration
AP-10 Rules of Practice 212
Purpose 212
Definitions 212
XIII
-------
Revised Standard
Section
Subject Index
(3.0)
(3.0) (16.0)
(3.0)
(2.0)
(8.0)
(3.0) '
(2.0)
'(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(16.0)
(2.0)
(16.0)
(16.0)
(2.0)
(16.0)
(16.0)
Number
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
Title Page
Administrative Examination of 212
Applications
Action on Applications, Hearings 212
Effect of Timely Renewal 212
Applications
Notice of Violation 213
Emergency Orders 213
Certification 214
Ex Parte Communications 214
Filing of Papers 215
Computation of Time 215
Extension of Time 215
Subpoenas, Service and Papers 216
Representation 216
Intervention 216
Effect of Intervention or Denial 216
Thereof
Consolidation 217
Hearing--Formal and Informal 217
Authority to Administer Oaths 217
Informal Hearing Procedure 217
Formal Hearings 217
Limited Appearances by Persons 217
Not Parties
Designation of Hearing Officer 218
Function of Hearing Officer 218
XIV
-------
Revised.Standard Section
Subject Index Number Title Page
(16.0) 25. Notice of Hearing 218
(2.0). 26. Answer 219
(2.0) 27. Reply 219
(2.0) 28. Default 219
(2.0) 29. Admissions 220
(16.0) . 30. Public Hearings 220
(16.0) 31. Evidence in Formal Hearings 220
(2.0')' 32. Briefs 221
(2.4) 33. Findings and Order 221
(2.0) 34. Oral Argument Before the 221
Commission
(2.0) 35. Waiver of Procedures 222
(13.0) (14.0) 36. Public Records Exceptions 222
(10.0) Regulation No. AP-11 Review of New or Modified 224
Indirect Sources
(1.0) 1. Definitions 224
FEDERALLY PROMULGATED REGULATIONS
(6.0) 52.927 Compliance Schedules 230
(17;-0) 52.931 Prevention of Significant 233
Deterioration
XV
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DEPARTMENT FOR NATURAL RESOURCES AND
ENVIRONMENTAL PROTECTION
Bureau of Environmental Quality
Division of Air Pollution
(2.0) 401 KAR 3:010 General Provisions
(2.0) Section 1 . General Application of Regulations and Standards
Regulations of the Department shall be construed and applied in
the light of the considerations set.forth hereinafter which shall
guide the Department in the issuance, modification and revocation
of permits.
(1) All other provisions to the contrary notwithstanding, all air
contaminant sources shall as a minimum apply such control
procedures as are reasonable, available and practical.
(2) Nothing in these regulations is intended to permit any practice
which is in violation of any statute, ordinance, or regulation.
(3) These regulations shall be constructed as complementary to each other,
and to such other regulations as have been adopted or shall be adopted
by the Department. If any provision of these regulations or the
application thereof to any person or circumstance is held to be invalid,
such invalidity shall not affect other provisions or application of any
' other part of these regulations, and to this end each provision of
these regulations, and the various applications thereof are declared
to be severable.
(1.0) Section 2: Definitions
All terms not defined herein shall have the meaning given them in KRS 224.005
or by commonly accepted usage. As used in these regulations, unless the
content clearly indicates otherwise, the following words shall have the
following meaning:
(1) "Affected Facility" means an apparatus to which an emission standard
is applicable;
(2) "Air Contaminant or Air Pollutant" includes smoke, dust, soot, grime,
carbon or any other particulate matter, radioactive matter, noxious
acid:, fumes, gases, odor, vapor or any combination thereof;
(3) "Air Pollution" means the presence in the outdoor atmosphere of one
or more air contaminants in sufficient quantities and of such char-
acteristics and duration as is or threatens to be injurious to human,
v plant, or animal life, or to property, or which unreasonably interfere
with the comfortable enjoyment of life or property;
-1-
-------
(4) "Ambient Air Quality Standard" means a numerical expression of a
goal to be achieved in a stated time through the application of
appropriate preventive and/or control measures. It consists of two
(2) parts; a specified concentration level for a particular air
contaminant and the time averaging interval over which that concentra-
tion level is measured;
(5) "Commence" means that an owner or operator has undertaken a continuous
program of construction or modification or that an owner or operator
has entered into a contractural obligation to undertake and complete,
within a reasonable time, a continuous program of construction or
modification;
(6) "Compliance Schedule" means a schedule of remedial measures including
an enforceable sequence of actions or operations leading to compliance
with any limitation or standard;
(7) "Construction" means fabrication, erection or installation of an air
contaminant source;
(8) "Department" means the Department for Natural Resources and Environt-
mental Protection;
(9) "Director" means director of the Division of Air Pollution of the
Department for Natural Resources and Environmental Protection;
(10) "District" means an air pollution control district as provided for
in KR5 Chapter 77;
(11) "Emission Standard" means that numerical limit which fixes the amount
of an air contaminant or air contaminants that may be vented into the
atmosphere (open air) from any affected facility or from air pollution
control equipment installed in any affected facility;
(12) "Existing Source" except as otherwise specified under applicable regula-
tions means any source which is in being or under construction on the
effective 'date of these regulations;
i
(13) "Fuel" means natural gas, petroleum, coal, wood, and any form of solid,
liquid or gaseous fuel derived from such materials for the purpose of
creating-useful heat;
(14) "Incineration" means the process of igniting and burning solid, semi-
solid, liquid or gaseous combustible wastes;
(15) "Malfunction" means any sudden and unavoidable failure of air pollution
control equipment or process equipment or of a process to operate in a
normal or usual manner. Failures that are caused entirely or in part by
,poor maintenance, careless operation or any other preventable upset
condition or equipment breakdown shall not be considered malfunctions;
-2-
-------
(16) "Modification" means any physical change in, or change in the method
of operation of an affected facility which increases the amount of
any air pollutant (to which a standard applies) emitted by such
facility or which results in the emission of any air pollutant (to
which a standard applies) not previously emitted, except that :
(a) Routine maintenance, repair, and replacement shall not be
considered physical changes and
(b) The following shall not be considered a change in the method
of operation:
1. An increase in the production rate, if such increase does
not exceed the operating design capacity of the affected
facility;
2. An increase in hours of operation;
3. Use of an alternative fuel or raw material if, prior to
the date any standard under this regulation becomes
applicable to such facility, as provided by Subsection
(1) of this section, the affected facility is designed
to accommodate such alternative use.
(17) "New Source" means any source, the construction or modification of
which is commenced on or after the effective date of these regulations,
except that:
(a) Any source located within the Commonwealth of Kentucky and moved
to another premises involving a change of address and is in
compliance with current regulations shall be subject to applicable
regulations at the new location.
(b) Any affected facility in compliance with current regulations
commencing operation after a shutdown for more than five (5)
years shall be considered a new source.
(c) Any affected facility not in compliance with current regu-
lations commencing operation after a shutdown for more
than eighteen (18) months shall be considered a new source.
(d) Any affected facility not in compliance with current regu-
lations commencing operations after a shutdown for six (6)
to eighteen (18) months shall be in compliance with appli-
cable regulations upon startup.
(18) "Opacity" means the degree to which emissions reduce the trans-
mission of light and obscure the view of an object in the back-
ground.
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(19) "Particulate Matter" means any material, except uncombined water which
exists in a finely divided form as a liquid or a solid at normal
operating conditions;
(20) "person or Persons" means any individual, public or private corporation,
political subdivision, government agency, municipality, industry,
co-partnership, association, firm, trust, estate or other entity
whatsoever;
(21) "Source" means one or more affected facilities, which emits or may
emit any air contaminant, contained within a given contiguous
property line. The. property shall be considered contiguous if
separated only by a public thoroughfare, stream, or other right of
way.
(22) "Stack or Chimney" means any flue, conduit, or duct arranged to
conduct emissions to the atmosphere;
(23) "Standard Conditions":
(a) For source measurements means 21.1 degree Celsius (70 degrees
Fahrenheit) and a pressure of 760 mm Hg (29.92 in. of Hg).
(b) For the purpose of air quality determinations means 25 degrees
Celsius and a reference pressure of 760 mm Hg.
(2.0) Section 3. Abbreviations
The abbreviations used in these regulations have the following meanings:
ASTM - American Society for Testing and Materials
BTL) - British Thermal Unit
°C - Degree Celsius (centigrade)
Cal - calorie
cfm - cubic feet per minute
CH^ - methane
CO - Carbon Monoxide
C02 - Carbon Dioxide
COH - Coefficient of haze
dscf -:Dry cubic feet at standard conditions
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dscm - Dry cubic meter at standard conditions
°F - Degree Fahrenheit
ft - feet
g - gram(s)
gal - gallon(s)
gr - grain(s)
hr - hour(s)
HC1 - Hydrochloric acid
Hg - mercury
HF - Hydrogen Fluoride
H20 -' wa;ter
H2S - Hydrogen sulfide
H2S04 - Sulfuric acid
in - inch(es)
'k - 1,000
kg - kilogram(s)
1 - liter(s)
LF - linear feet
Ib - pound(s)
m - meter(s)
riiin - minute(s)
mg - milligram(s)
MM - million
mm - mi,l 1 imeter(s)
mo - month
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N2 - Nitrogen
NO - Nitric Oxide
NOo - Nitrogen Dioxide
NO - Nitrogen Oxides
A
oz - ounce
02 - oxygen
o3 - ozone
ppb - parts per billion
ppm - parts per million
ppm (w/w) - parts per million (weight by weight)
jjg - microgram
.psia - pounds per square inch absolute
S, - at.standard conditions
sec - second
S02 - sulfur dioxide
sq - square
yd - yard
(2.0) Section 4. Air Quality Control Regions
Air quality control regions designated by the Administrator of the United
.States Environmental Protection Agency pursuant to Section 107 of the Clean
Air Act as amended are listed in this section. The air quality control.
regions consist of the territorial area encompassed by the boundaries of the
designated jurisdictions herein geographically located within the outermost
boundries of the area so delimited.
(1) Appalachian Intrastate Air Quality Control Region.
In the Commonwealth of Kentucky the following counties:
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Bell
Breathitt
day
Floyd
Harlan
Jackson
Johnson
Knott
Knox
Laurel
Lee
Leslie
Letcher
Magoffin
Martin
Owsley
Perry
Pike
Rockcastle
Whitley
Wolfe
(2) Bluegrass Intrastate Air Quality Control Region.
In the Commonwealth of Kentucky the following counties:
Anderson
Bourbon
Boyle
Clark
Estill
Fayette
Franklin
Garrard
Harrison
Jessamine
Lincoln
Madison
Mercer
Nicholas
Powel 1
Scott
Woodford
(3) Evansville (Indiana) - Owensboro - Henderson (Kentucky)
Interstate Air Quality Control Region
In the Commonwealth of Kentucky the following counties:
Daviess
. ;Hancock
Henderson
McLean
Ohio
Union
Webster
(4) Huntington (West Virginia) - Ashland (Kentucky) - Portsmouth -
Ironton (Ohio) Interstate Air Quality Control Region.
In.the Commonwealth of Kentucky the following counties:
Bath
Boyd
Bracken
.Carter
Elliott
Fleming
Greenup
Lawrence
Lewis
Mason
Menifee
Montgomery
Morgan
Robertson
Rowan
(5) Louisville Interstate Air Quality Control Region.
In'the Commonwealth of Kentucky the following county:
/.Jefferson
(6) Metropolitan Cincinnati (Ohio) Interstate Air Quality Control Region.
In the Commonwealth of Kentucky the following counties:
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Boone
Campbel1
Carrol 1
Gallatin
Grant
Kenton
Owen
Pendleton
(7) North Central Kentucky Intrastate Air Quality Control Region.
In the Commonwealth of Kentucky the following counties:
(8)
Breckinridge
Bullitt
Grayson
Hardin
Henry
Paducah (Kentucky)
Region.
Larue
Marion
Meade
Nelson
Oldham
Shelby
Spencer
Trimble
Washington
- Cairo (Illinois) Interstate Air Quality Control
In the Commonwealth of Kentucky the following counties:
B.allard
Ca.l dwell
Galloway
Carlisle
Christian
Crittenden
Fulton
Graves
Hickman
Hopkins
Livingston
Lyon .
Marshall
McCracken
Muhlenberg
Todd
Trigg
(9) South Central Kentucky Intrastate Air Quality Control Region.
In the Commonwealth of Kentucky the following counties:
Adair
Allen
Barren
Butler
Casey
Clinton
Cumberland
Edmonson
Green
Hart
Logan
McCreary
Metcalfe
Monroe
Pulaski
Russell
Simpson
Taylor
Warren
Wayne
(2.0) Section 5. Classification of Air Quality Control Regions
(1) Classification Criteria
(a) Classification of regions shall be based upon measured air
quality where known or, where not known, estimated air quality
in the area of maximum pollutant concentration. Each region
shall be classified separately with respect to sulfur oxides,
particulate matter, carbon monoxide, nitrogen oxides, photo-
chemical oxidants and such other pollutants as may have standards
and priority levels.
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(b) For sulfur oxides and particulate matter, each region shall be
classified into one (1) of three (3) categories, defined as
Priority I, Priority II or Priority III.
(c) For carbon monoxide, nitrogen oxides and photochemical oxidants,
each region shall be classified into one (1) of two (2) categories,
defined as Priority I or Priority III.
(d) Classifications with respect to hydrocarbons shall be the same as
the classifications with respect to photochemical oxidants.
(e) Ambient concentration limits which define the classification
systems for the said pollutants are specified in Table 1.
(f) The more restrictive classification will be chosen where there
is a difference between the described values e.g., if a region
is Priority I with respect to an annual average and Priority II
with respect to a twenty-four (24) hour maximum value, the
classification will be Priority I.
TABLE 1. AMBIENT CONCENTRATIONS LIMITS EXPRESSED IN
MICROGRAMS PER CUBIC METER (CARBON MONOXIDE LIMITS ARE EXPRESSED IN
MILLIGRAMS PER CUBIC METER) AND PARTS PER MILLION (IN PARENTHESIS)
. . WHICH DEFINE THE CLASSIFICATION SYSTEM.
PRIORITY
POLLUTANT
I
II
III
SULFUR OXIDES
Annual Arithmetic Mean
24-hour maximum
PARTICULATE MATTER
Annual Geometric Mean
24-hour maximum
CARBON MONOXIDE
S^hour maximum
1-hour maximum
NITROGEN DIOXIDE
Annual mean
PHOTOCHEMICAL OXIDANTS
1-hour maximum
Greater Than
100(0.04)
455(0.17)
95
325
14(12)*
55(48)*
110(0.06)*
195(0.10)*
From-To
60-100(0.02-0.04)
260-455(0.10-0.17)
60-95
150-325
less Than
60(0.02)
260(0.10)
60
150
14(12)
55(48)
110(0.06)
195(0.10)
*Greater than or equal to
(2) Classification
' The classification of air quality control regions under the provision of this
regulation shall be as in Table 2. (Next Page)
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TABLE 2. PRIORITY CLASSIFICATION OF AIR QUALITY CONTROL
REGIONS WITH RESPECT TO PARTICIPATES, SULFUR OXIDES, CARBON MONOXIDE,
NITROGEN DIOXIDE AND PHOTOCHEMICAL OXIDANTS (AND HYDROCARBON).
PARTICULATE..
REGION MATTER
Louisville
Cincinnati
Paducah-Cairo
Huntington-Ashland
Evansvi 1 1 e-Henderson
Bluegrass
Appalachian
North Central
South Central
I
I
I
I
I
II
II
II
III
..SULFUR-
OXIDES
I
II
II
III
II
III
III
III
III
. CARBON
MONOXIDE
III
III
III
III
III
III
III
III
III
NITROGEN
DIOXIDE
III
III
III
III
III
III
III
III
III
PHOTOCHEMICAL
OXIDANTS
(HYDROCARBON)
I
I
III
III
III
III
B III
III
III
(3.0) Section 6. Registration of Air Contaminant Sources
(1) Persons engaged in the operation of air contaminant sources shall register
such sources or discharges which may result from their operation in
accordance with the provisions of this regulation.
(2) The Department may require from such persons reports containing
information relating to said sources and air contaminants emitted by
each into the atmosphere.
(3) Registration and reporting of air contaminants sources and their related
discharges shall be upon forms provided by the Department.
(4) This section shall not apply to the following:
(a) Those air contaminant sources set forth in Section 15 of 401 KAR
3:060.
(b) Indirect heat exchangers with a capacity of one (1) million BTU
per hour heat input or less and indirect heat exchangers using
natural gas, liquid petroleum gas, or distillate fuel oil as a
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.. main fuel or combinations of these as main or standby fuel,
with a capacity of less than fifty (50) million BTU per hour
heat input.
(c) Internal combustion engines whether fixed or mobile, and
vehicles used for transport of passenger or freight except
as may be provided for in subsequent regulations.
(d) Direct fired sources used for heating and ventilating.
(3.0) Section 7. Issuance of Permits and Compliance Schedules
(1) (a) No person shall construct or modify a source unless a permit to
construct, therefor, has been issued by the Department.
(b) No person shall use, operate, or maintain a source resulting in
the presence of air contaminants in the atmosphere in contravention
of any standards and limitations unless an approved compliance
schedule has been issued by the Department and is currently in
effect.
(c) No person shall use, operate, or maintain a source, which is in
compliance with all emission limiting regulations unless a permit
to operate therefor, has been issued by the Department and is
currently in effect.
(2) (a) Applications for permits or compliance schedules required under
Subsection (1) of this section shall be made on forms prepared
by the Department for such purpose and shall contain such
1 ' information as the Department shall deem necessary to determine
whether the permit or compliance schedule should be issued.
(b) Applications for permits or compliance schedules shall be signed
by the corporate president or his authorized agent; or by an
: equivalently responsible officer in the case of organizations
other than corporations; or, in other cases, by the source owner
or operator; or, in the case of political subdivisions, by the
highest elected official of such subdivision. Such signature
shall constitute personal affirmation that the statements made in
the application are true and complete.
(c) The information submitted in the application shall, when specifically
requested by the Department, include an analysis of the characteristics,
properties and volume of the air contaminants based upon source or stack
samples of the air contaminants taken under normal operating conditions.
Failure to supply information required or deemed necessary by the
Department to enable it to act upon the permit or compliance schedule
application shall result in denial of the permit or shall result in
disapproval of the compliance schedule.
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(d) An application for a permit or compliance schedule may include
one or more affected facilities provided that all are contained
within one (1) source. A person may apply for an amended permit
' "to include new affected facilities provided that such new
..facilities are within the same source,
(3) (a) In considering permit or compliance schedule applications, the
Department shall determine if emission standards and ambient
standards are met or will be met upon completion of the compli-
ance schedule. In no case shall a permit be issued or compliance
schedule approved where it can be shown either through diffusion
calculations or actual ambient air quality monitoring, performed
according to methods prescribed by the Department, that the source
will prevent or interfere with the attainment or maintenance of
state or federal air quality standards. In cases where no emission
standards have been prescribed by regulation, the Department shall
require the use of all available, practical and reasonable methods to
prevent and control air pollution.
(b) In the event any person or persons alleges themselves under oath
to be adversely affected by a proposed or existing source or other
physical conditions, the Department shall afford such persons a
hearing to determine whether the permit to construct or to operate
should be issued or denied.
(c) Compliance schedules herein shall be subject to approval of the
Department. If for any reason, the Department and the source are
unable to negotiate a mutually acceptable schedule, the Department
will propose a compliance schedule which will be subjected to a
hearing pursuant to KRS 224.083. After considering the hearing
'report, the Department shall issue an appropriate compliance
schedule. Once approved and/or issued, compliance schedules,
including all increments of progress, shall be legally enforceable.
(4) Permits and compliance schedules issued hereunder shall be subject to
such terms and conditions set forth and embodied in the permit or
compliance schedule as the Department shall deem necessary to insure
compliance with its standards. Such terms and conditions may include
maintenance and availability of records relating to operations which
may cause or contribute to air pollution including periodic source or
stack sampling of the affected facilities.
(5) Permits issued hereunder shall be subject to revocation or modification
by the Department for the following causes:
(a) Failure to comply with the terms and conditions of the permit;
(b) Failure to comply with emission standards applicable to an affected
facility;
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(c) Failure to comply with the ambient air quality standards for the
area in which the source is located.
(d) Failure to report process or equipment changes which result in an
emission increase.
(6) This section shall not apply to those sources listed in Subsection (4)
of Section 6 of this regulation.
(7) Permits and compliance schedules issued under this regulation are not
transferable.
(13.0) Section 8. Monitoring Records and Reporting
(1) The Department may require the owner or operator of any affected
facility to install, use, and maintain stack gas and ambient air
monitoring equipment in accordance with such methods as the Department
shall prescribe, establish and maintain records of same and make
periodic emission reports at intervals prescribed by the Department.
Requirements for specific affected facilities are contained in applicable
regulations.
(9.0) Section 9. Sampling and Testing Methods
(1) The Department may require the owner or operator of any affected facility
to sample emissions in accordance with such methods as the Department
shall prescribe. All tests shall be made under the direction of persons
qualified by training and/or experience in the field of air pollution
control.
(2) The Department may conduct tests of emissions of air contaminants from
any source. Upon request of the Department the person responsible for
the source to be tested shall provide necessary openings in the stacks
or ducts and such safe and proper sampling and testing facilities,
exclusive of instruments and sensing devices as may be necessary for
proper determination of the emission of air contaminants.
(7.0) Section 10. Emissions during Shutdown and Malfunction of Control Equipment
(1) Emissions which, due to shutdown or malfunction of air pollution control
equipment, temporarily exceed the standard set forth by the Department
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 startup of air
pollution control equipment or part thereof exceed the standards, the
owner or operator of the source shall notify the Director no later than
thrqe (3) days before the planned shutdown. However, if the shutdown
is necessitated by events which the owner or operator could not
reasonably have forseen three (3) days before the shutdown, then such
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notification shall be given immediately following the determination to
shutdown. ' The notice shall be in writing and shall specify the name
of the air contaminant source, its location, the address apd telephone
number of the person responsible for the source, the reasons for and
duration of the proposed shutdown, the nature of the action to be taken
during shutdown, the date and time for the action, the physical and
chemical composition, rate and concentration of the emissions during such
shutdown and ensuing startup, 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 startup.
(3) When emissions due to sudden and unforeseen malfunction (or to
unforeseen shutdown associated with malfunction) of air pollution
control equipment 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 malfunction,
the date and time when such 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) Nothing in^this section shall relieve a source from compliance with the
standards set forth by the Department unless the Director determines
that:'
(a) The occurrence in question did not result from the failure by
the owner or operator of the source to operate and maintain
properly the air pollution control 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, and;
(c) All reasonable steps were taken to minimize the emissions
resulting from the occurrence.
(5) The Director shall notify the owner or operator of the source of the
determination required by this section no later than sixty (60) days
after the date that all information required by this section has been
submitted. Failure of the Director to give such notification within
sixty (.60) day period shall have the same effect as a determination
that the occurrence is deemed not be a violation of the standards.
(6) Nothing in this section shall be construed to restrict the Secretary's
discretion to take, at any time, appropriate enforcement action under
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KRS 224.071, if upon information supplied to him pursuant to this
section, or otherwise available to him, he determines that such
action is necessary to protect the health or welfare.
(2.0) Section 11. Prohibition of Air Pollution
No person shall permit or cause air pollution as defined in Section 2
of this regulation.
(2.0) Section 12. Circumvention
No person, shall cause or permit the installation or use of any device or
any means which, without resulting in reduction in the total amount of air
contaminant emitted, conceals or dilutes an emission of air contaminant
which would otherwise violate these regulations.
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DEPARTMENT FOR NATURAL RESOURCES AND
ENVIRONMENTAL PROTECTION
Bureau of Environmental Quality
Division of Air pollution
(4.0) 401 KAR 3:020 Ambient Air Quality Standards
(2.0) Section 1. Purpose of Standards and Expression of Non-degradation Intention
(1) (a) Primary ambient air quality standards mean those levels of
air quality which the Department judges are necessary, with
an adequate margin of safety, to protect the public health.
(b) Secondary ambient air quality standards mean those levels
of air quality which the Department judges necessary to protect -;
the public welfare from any known or anticipated adverse effects
of a pollutant.
(2) In the establishment of these standards, it is the intention of the
Department to prohibit further significant and avoidable
deterioration of air quality in areas where air quality presently
exists which is numerically equal to or less than the standards
expressed herein.
(3) No person shall violate, or interfere with the attainment or
maintenance of, ambient air quality standards as specified in
Section 4 of this regulation.
(2.0) Section 2. Applicability
The primary and secondary ambient air quality standards stated in Section
4 shall apply at any single point location.
(1.0) Sections. Definitions
As used in this regulation; all terms not defined herein shall have the
meaning given them in 401 KAR 3:010.
(1) "Ambient Air" means that portion of the atmosphere, external to
buildings, to which the general public has access.
(2) "Reference Method" means a method of sampling and analyzing for an
air pollutant as specified by the United States Environmental
Protection Agency.
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(3) "Equivalent Method" means any method of sampling and analyzing of
an air pollutant which can be demonstrated to the United States
Environmental Protection Agency's satisfaction to have a consistent
relationship to the reference method.
(4) "Ambient Air Quality Standard" means the numerical expression of a
goal to be achieved in a stated time through the application of
appropriate preventive and/or control measures. It consists of two
parts:
(a) a specified concentration level for a particular air contaminant,
and
(b) the time averaging interval over which that concentration level
is. measured.
(5) "Annual Mean" means an average determined on the basis of any consecu-
tive twelve (12) month interval.
(6) "Three (3);.Month Average" means an average determined on the basis of
any .consecutive three (3) month interval.
(7) "Eight (8) Hour Average" means an average determined on the basis of
any consecutive eight (8) hour interval.
(8) "Twelve (12) Hour Average" means an average determined on the basis of
any consecutive twelve (12) hour interval.
(9) "One (1) Week Average" means an average determined on the basis of any
^consecutive seven (7) day interval.
(10) "Maximum" means an ambient air quality standard which shall not be
exceeded more than once per year providing that the averages exceeding
the standard do not contain any common hourly data points.
(11) "Odor" means the property of an air contaminant that can be detected
by the sense of smel1.
(12) "Soiling Index" means a measure of the soiling property of suspended
particles in air determined by drawing a measured volume of air through
a known area of Whatman No. 4 filter for a measured period of time,
expressed as COH/1000 linear feet.
(13) "Standard Condition" means a reference temperature of 25 degrees
Celsius and a reference pressure of 760 millimeters of mercury.
(14) "Year" means a calendar year.
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(15) "Dilution" means the number of volumes of odorless air that must
be added to a like volume of odor-bearing air to reduce the odor of
the resulting mixture to just below the odor threshold level.
(4.0) Section 4. Ambient Air Quality Standards
The primary and secondary ambient air quality standards for sulfur oxides,
particulate matter, carbon monoxide, total nonmethane hydrocarbons, nitrogen
dioxide, hydrogen sulfide, hydrogen fluoride, total fluorides and odors
measured by reference methods specified by the Department, or be equivalent
methods, are:
(1) Sulfur Oxides (sulfur dioxide):
(a) Primary standards:
1. 80 micrograms per cubic meter (0.03 ppm) - annual arithmetic
mean.
. 2. 365 micrograms per cubic meter (0.14 ppm) - maximum 24-hour
average not to be exceeded more than once per year. ^
(b) Secondary standards:
1. 1300 micrograms per cubic meter (0.50 ppm) - maximum 3-hour
average not to be exceeded more than once per year.
i
(2) Particulate Matter:
(a)- Primary standards:
1. 75 micrograms per cubic meter - annual geometric mean.
2. 260 micrograms per cubic meter - maximum 24-hour average
not to be exceeded more than once per year.
3. 6.0 COH/1000 LF - maximum 24-hour average of soiling index
not to be exceeded more than once per year.
(b) Secondary standards:
1. 60 micrograms per cubic meter - annual geometric mean, to be
used as a guide in assessing implementation plans to achieve
the 24-hour standard.
2. 150 micrograms per cubic meter - maximum 24-hour average not
to be exceeded more than once per year.
3. 0.4 COH/1000 LF - annual arithmetic mean of soiling index
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4. 0.5 COH/1000 LF - maximum three-month average of soiling
index not to be exceeded more than once per year.
, 5. 0.3 COH/1000 LF - maximum 24-hour average not to be
exceeded more than once per year.
6. 15 tons per square mile per month (5.25 g/sq.m/mo) - maximum
three-month average of settleable particulates (total water
solubles and insolubles) not to be exceeded more than once
. . per year.
(3) Carbon Monoxide:
Primary and secondary standards:
(a) 10 milligrams per cubic meter (9 ppm) - maximum 8-hour average
not to be exceeded more than once per year.
(b) 40 milligrams per cubic meter (35 ppm) - maximum 1-hour average
not to be exceeded more than once per year.
(4) Photochemical Oxidants:
Measured as Q3 and corrected for interferences due to nitrogen oxides
and sulfur dioxide.
Primary and secondary standards: 160 micrograms per cubic meter
(0.08 ppm) - maximum 1-hour average not to be exceeded more than once
per year.
(5) Hydrocarbons:
Measured as CH4 and corrected for methane, to be used as a guide in
devising implementation plans to achieve photochemical oxidants standards.
Primary and secondary standards: 160 micrograms per cubic meter
(0.24 ppm) - maximum 3-hour average (6 to 9 a.m.) not to be exceeded
more than once per year.
(6) Nitrogen Dioxide:
Primary and secondary standards: 100 micrograms per cubic meter (0.05ppm)
- annual arithmetic mean.
Secondary standards: 14 micrograms per cubic meter (0.01 ppm) -
maximum 1-hour average not to be exceeded more than once per year.
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(8) Gaseous Fluorides (expressed as HF):
Primary standards:
(a) 0.82 micrograms per cubic meter (1 ppb) - maximum 1-month
average not to be exceeded more than once per year.
(b) 1.64 micrograms per cubic meter (2 ppb) - maximum 1-week
average not to be exceeded more than once per year.
(c) 2.86 micrograms per cubic meter (3.5 ppb) - maximum 24-hour
average not to be exceeded more than once per year.
(d) 3.68 micrograms per cubic meter (4.5 ppb) - maximum 12-hour
average not to be exceeded more than once per year.
(9) Total Fluorides:
Dry weight basis (as fluoride ion) in and on forage for consumption
by grazing ruminants
Primary standards:
(a) 'Not to exceed 40 ppm (w/w) - average concentration of monthly
samples over growing season (not to exceed 6 consecutive months).
(b-) Not to exceed 60 ppm (w/w) - 2-month average.
(c) Not to exceed 80 ppm (w/w) - 1-month average.
(10) Odors:
Secondary standard: At any time not to equal or exceed 7 dilutions.
(2.0) Section 5. Time Schedule for Achieving Air Quality Standards
Primary and secondary air quality standards shall be achieved no later
than Apri.l 9, 1975; except for sulfur dioxide which shall be achieved
no later than July 1, 1977.
(9.0) Section 6. Methods of Measurement
Air contaminants shall be measured by the reference or equivalent methods
and at such frequency as specified in United States Environmental Protection
Agency regulations on National Primary and Secondary Ambient Air Quality
Standards (40 CFR 50) and on Preparation of Implementation Plans (40 CFR 51).
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DEPARTMENT FOR NATURAL RESOURCES AND
ENVIRONMENTAL PROTECTION
Bureau of Environmental Quality
Division of Air Pollution
(8.0) 401 KAR 3:030 Emergency Episodes
(2.0) Section 1. Purpose
Notwithstanding any other provision of the air pollution control
regulations, this episode regulation is designed to prevent ambient
pollutant concentrations at any location from reaching the following
levels which could cause significant harm to the health of persons.
(1) SOg: 2,620 pg/cubic meter (1.0 ppm), 24-hour average.
'(2) Particulate: 1,000 jug/cubic meter or 8 COHs/1000 linear
feet, 24-hour average.
(3) S02 and Particulate combined: product of S02 ppm (24-hour
average) and COHs/1000 linear feet (24-hour average) equal
to 1.5; or product of S0£ jjg/cubic meter (24-hour average)
and the particulate tig/cubic meter (24-hour average) equal
to 490,000.0.
(4) CO: 57.5 mg/cubic meter (50 ppm), 8-hour .average. 86.3
mg/eubic meter (75 ppm), 4-hour average. 144 mg/cubic
meter (125 ppm), 1-hour average.
(5) Photochemical Oxidants: 1,200 pg/cubic meter (0.6 ppm), 1-
hour average.
(6) NO?: 3,750 ug/cubic meter (2.0 ppm), 1-hour average. 938
pg/cubic meter (0.5 ppm), 24-hour average.
(8.0) Section 2: Episode Criteria
Conditions justifying the proclamation of an air pollution alert,
air pollution warning, or air pollution emergency shall be deemed
to exist whenever the department determines that the accumulation
of air contaminants in any place is attaining or has attained
levels which could, if such levels are sustained or exceeded,
present a threat to the health of the public. In making this
determination, the department shall be guided by the following
criteria:
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(1) Air Pollution forecast: An internal watch by the Department shall
be actuated by a National Weather Service Advisory that an Atmospheric
Stagnation Advisory is in effect.
(2) Alert: An alert level is that concentration of pollutants at which
first stage control actions are to begin. An alert will be declared
when any one of the following levels is reached at any monitoring site
and meteorological conditions are such that the pollutant concentrations
can be expected to remain at these levels for twelve (12) or more hours
or increase, or in the case of oxidants the situation is likely to
reoccur within the next twenty-four (24) hours, unless control actions
are taken.
(a) S02-' 800 pg/cubic meter (0.3 ppm), 24-hour average.
(b) Particulate: 3.0 COHs/1000 linear feet or 375 ug/cubic meter,
24-hour average.
(c) S02 and particulate combined: product of S02 ppm, (24-hour
average) and COHs/1000 linear feet (24-hour average) equal to 0'.2;
or product of S02 ug/cubic meter (24-hour average) and particulate,
(Lig/m3 (24-hour average) equal to 65,000.
(d) CO; 17 mg/cubic meter (15 ppm), 8-hour average.
(e) Oxidants (03): 200 jjg/cubic meter (0.1 ppm), 1-hour average.
(f) NO?:'. 1130 ug/cubic rneter (0.6 ppm), 1-hour average; 282 ug/cubic
meter.(0.15 ppm), 24-hour average.
(3) Warning: A warning level indicates that air quality is continuing to
degrade and that additional control actions are necessary. A warning
will be declared when any one of the following levels is reached at
any monitoring site and meteorological conditions are such that
pollutant concentrations can be expected to remain at these levels
for twelve (12) or more hours or increase, or in the case of oxidants
the situation is likely to reoccur with the next twenty-four (24) hours,
unless control actions are taken.
(a) S02: 1600 ug/cubic meter (0.6 ppm), 24-hour average.
(b) Particulate: 5.0 COHs/1000 linear feet or 625 ug/cubic meter,
24-hour average. '.
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(c) SQ2 and particulate combined - product of S02 ppm, (24-hour
..average) and COHs/1000 linear feet (24-hour average) equal to
0.8; or product of .SO? pg/cubic meter (24-hour average) and
particulate pg/cubic meter (24-hour average) equal to 261,000.
(d) CO: 34 mg/cubic meter (30 ppm), 8-hour average.
(e) Oxidants (03): 800 pg/cubic meter (0.4 ppm), 1-hour average.
(f) N02: 2,260 pg/cubic meter (1.2 ppm), 1-hour average; 565 pg/
cuoic meter (0.3 ppm), 24-hour average.
(4) Emergency: An emergency level indicates that air quality is continuing
to degrade to a level that should never be reached and that the most
stringent control actions are necessary. An emergency will be declared
when any one of the following conditions are such that this condition
can be expected to continue for twelve (12) or more hours or increase,
or in the case of oxidants the situation is likely to reoccur within
the next twenty-four (24) hours, unless control actions are taken.
(a) S02: 2,100 ug/cubic meter (0.8 ppm), 24-hour average.
(b) Particulate: 7.0 COHs/1000 linear feet or 875 pg/cubic meter,
24-hour average.
(c) S02 and particulates combined: product of S02 ppm (24-hour
average) and COHs/1000 linear feet (24-hour average) equal to
1.2; or product of S02 ug/cubic meter (24-hour average) and
particulate pg/cubic meter (24-hour average) equal to 393,000.
(d) CO: 46 mg/cubic meter (40 ppm), 8-hour average.
(e)' Oxidants (03): 1200 ug/cubic meter (0.6 ppm), 1-hour average.
(f) N02: 3,000 pg/cubic meter (1.6 ppm), 1-hour average; 750 pg/
: cubic meter (0.4 ppm), 24-hour average.
(5) Termination: Any status declared by the application to these criteria
will remain in effect until the criteria for that level are no longer
met. At such time the next lower appropriate status will be assumed.
(6) An episode status based on the deterioration of air quality alone may
be declared. An air stagnation advisory need not be in effect.
(7) An appropriate episode status shall be declared when any monitoring site
records ambient air quality levels as designated in the episode criteria
herein. The criteria shall be applied to individual monitoring sites
and not to area wide air quality.
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(8.0) Section 3. Emission Reduction Plans
(1) Air Pollution Alert. When the director declares an air pollution
alert, any person responsible for the operation of a source of air
contaminants as set forth in Section 5 shall take all air pollution
alert actions required for such sources of air contaminants and
shall put into effect the preplanned strategy for an air pollution
alert.
(2) Air Pollution Warning. When the director declares an air pollution
warning, any person responsible for the operation of a source of air
contaminants as set forth in Section 6 shall take all air pollution
warning actions required for such sources of air contaminants and
shall put into effect the preplanned strategy for an air pollution
warning.
(3) Air Pollution Emergency. When the director declares an air pollution
emergency, any person responsible for the operation of a source of air
contaminants described in Section 7 shall take all air pollution
emergency actions required for such sources of air contaminants and
shall put into effect the preplanned strategy for an air pollution
emergency.
(8.0) Section 4. Preplanned Abatement Strategies
(1) Any person responsible for the operation of a source of air pollutants
as set forth in Sections 5 to 7 shall prepare standby plans for
reducing the emission of air pollutants during episode periods (air
pollution alert, warning and emergency). Standby plans shall be
designed to reduce or eliminate emission of air pollutants in accordance
with the objectives set forth in Sections 5 to 7 of this regulation.
(2) Any person responsible for the operation of a source of air pollutants
not set forth under Subsection (1) of this section shall, when requested
by the director in writing, prepare standby plans for reducing the
emission of air pollutants during episode periods. Standby plans
shall be designed to reduce or eliminate emissions of air pollutants in
accordance with the objectives set forth in Sections 5 to 7.
(3) Standby plans as required under Subsections (1) and (2) of this
section shall be in writing and identify the source of air pollutants,
the approximate amount of reduction of pollutants, and a brief
description of the manner in which the reduction will be achieved
during episode periods.
(4) During episode periods, standby plans required by this section shall
be made available on the premises to any person authorized to enforce
;the provisions of the standby plan.
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(5) Standby.plans required by this section shall be submitted to the
department upon request within thirty (30) days of the receipt of such
request; such plans shall be subject to review and approval by the
department. If in the opinion of the department, a plan does not
effectively carry out the objectives as set forth in Sections 5 to 7,
the department may disapprove it, state its reasons for disapproval
and order the preparation of an amended plan within the time
period specified in the order.
(8.0) Section 5. Abatement Strategies Emission Reduction Plans: Alert Level
(1) General:
(a) There shall be no open burning by any person of tree waste,
vegetation, refuse, or debris in any form.
(b) The use of incinerators for the disposal of any form of solid
waste shall be limited to the hours of 12 noon and 4 p.m.,
local time.
(cj Persons operating fuel-burning equipment which requires boiler
'' lancing or soot blowing shall perform such operations only
between the hours of 12 noon and 4 p.m., local time.
(d) Persons operating motor vehicles should eliminate all
unnecessary operations.
(2) Source curtailment. Any person responsible for the operation of a
source of air contaminant listed below shall take all required control
actions for this alert level.
(a) When the source of air contaminant is coal or oil fired electric
' power generating facilities:
1. Substantial reduction by utilization of fuels having low
ash and sulfur content.
2. Maximum utilization of mid-day (12 noon to 4 p.m.) atmospheric
turbulence for boiler lancing and soot blowing.
' 3. Substantial reduction by diverting electric power generation
to facilities outside of alert area.
(b) When the source of air contaminant is coal and oil fired process
steam generating facilities:
1. Substantial reduction by utilization of fuels having low
ash and sulfur .content.
2. Maximum utilization of mid-day (12 noon to 4 p.m.) atmospheric
turbulence for boiler lancing and soot blowing.
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3. Substantial reduction of steam load demands consistent
with continuing plant operations.
(c) When the source of air contaminant is manufacturing industries
of the following classifications: primary metals industry,
petroleum refining operations, chemical industries, mineral
processing industries, paper and allied products and grain
industry:
1. Substantial reduction of air contaminants from manufacturing
operations by curtailing, postponing, or deferring
production and all operations.
2. Maximum reduction by deferring trade waste disposal operations
which emit solid particles, gas vapors or malodorous
substances.
3. Maximum reduction of heat load demands for processing.
'4. Maximum utilization of mid-day (12 noon to 4 p,m.) atmospheric
turbulence for boiler lancing or soot blowing.
(8.0) Section 6. Emission Reduction Plans: Warning Level
(1) General
(a) There shall be no open burning by any person of tree waste,
vegetation, refuse or debris in any form.
(b) The use of incinerators for the disposal of any form of solid
waste or liquid waste shall be prohibited.
(c) Persons operating fuel-burning equipment which requires boiler
lancing or soot blowing shall perform such operations only
between the hours of 12 noon and 4 p.m. local time.
(d) Persons operating motor vehicles must reduce operations by the
use of car pools and increased use of public transportation and
the elimination of unnecessary operation.
(2) Source curtailment. Any person responsible for the operation of a
source of air contaminant listed below shall take all required control
actions for this warning level.
(a) When the source of air contaminant is coal or oil fired electric
power generating facilities:
1. Maximum reduction by utilization of fuels having lowest ash
and sulfur content.
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2. Maximum utilization of mid-day (12 noon to 4 p.m.)
atmospheric turbulence for boiler lancing and soot
blowing,
3. Maximum reduction by diverting electric power generation
to facilities outside of warning area.
(b) When the source of air contaminant is coal and oil fired process
steam generating facilities:
1. Maximum reduction by utilization of fuels having the lowest
available ash and sulfur content.
2. Maximum utilization of mid-day (12 noon to 4 p.m.) atmospheric
turbulence for boiler lancing and soot blowing.
3. Making ready for use a plan of action to be taken if an
emergency develops.
(c) When the source of air contaminant is manufacturing industries
which may require considerable lead time for shut-down including
the following classifications: petroleum refining, chemical
industries, primary metals industries, glass industries, paper
and allied products:
1. Maximum reduction of air contaminants from manufacturing
operations by, if necessary, assuming reasonable economic
hardships by postponing production and allied operation.
2. Maximum reduction by deferring trade waste disposal operations
which emit solid particles, gases, vapors, or malodorous
substances.
3. Maximum reduction of heat load demands for processing.
4. Maximum utilization of mid-day (12 noon to 4 p.m.) atmospheric
turbulence for boiler lancing and soot blowing.
(d) When the source of air contaminant is manufacturing industries
which may require relatively short lead times for shut-down
including the following classifications: primary metals
industries, chemical industries, mineral processing industries and
grain industry:
1. Elimination of air contaminants from manufacturing operations
by ceasing, curtailing, postponing, or deferring production
and allied operations to the extent possible without causing
injury to persons or damage to equipment.
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2. Elimination of air contaminants from the trade waste
disposal processes which emit solid particles, gases,
. " . vapors, or malodorous substances.
3. Maximum reduction of heat load demands for processing,
4. Maximum utilization of mid-day (12 noon to 4 p.m.)
atmospheric turbulence for boiler lancing or soot "blowing.
(8.0) Section 7. Emission Reduction Plans: Emergency Level
(1) General
(a) :There shall be no open burning by any person of tree waste,
vegetation, refuse, or debris in any form.
(b) The use of incinerators for the disposal of any form of
solid or liquid waste shall be prohibited.
(c) All places of employment described below shall immediately cease
operations:
1. Mining and quarrying of nonmetallic minerals.
2. All construction work except that which must proceed to
avoid emergent physical harm.
3. All manufacturing establishments except those required to
have in force an air pollution emergency plan.
4. Wholesale trade establishments: i.e., places of business
primarily engaged in selling merchandise to retailers, to
industrial, commercial, institutional or professional users,
or to other wholesalers, or acting as agents in buying
merchandise for or selling merchandise to such persons or
companies.
5. All offices of local, county, and state government including
authorities, joint meetings and other public bodies excepting
such agencies which are determined by the chief administrative
officer of local, county, or state government, authorities,
joint meetings and other public bodies to be vital for public
safety and welfare and the enforcement of the provisions of
this order.
6. All retail trade establishments except pharmacies and stores
primarily engaged in the sale of food.
7. Banks; credit agencies other than banks: securities and
commodities brokers, dealers, and exchanges and services;
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offices of insurance carriers, agents and brokers; real
estate offices.
1 t8. Wholesale and retail laundries, laundry services; photo-
'. graphic studios; beauty shops, barbershops, shoe repair
shops.
9. Advertising offices; consumer credit reporting, adjustment
and collection agencies; duplication, addressing, blue-
printing; photocopying, mailing list and stenographic
services; equipment rental services, commercial testing
laboratories.
10. Automobile repair, automobile services, garages.
11. Establishments rendering amusement and recreation services
including motion picture theaters.
12. Elementary and secondary schools, colleges, universities,
professional schools, junior colleges, vocational schools,
and public and private libraries.
(d) All commercial and manufacturing establishments not included in this
order will institute such actions as will result in maximum
reduction of air contaminants from their operations by ceasing,
curtailing, or postponing operations which emit air contaminants,
to the extent possible without causing injury to persons or damage
to equipment.
(e) The use of motor vehicles is prohibited except in emergencies with
the approval of local or state police.
(2) Source curtailment. Any person responsible for the operation of a
source of air contaminant listed below shall take all required control
actions for this emergency level.
(a) When the source of air contaminant is coal or oil fired electric
power generating facilities:
1. Maximum reduction by utilization of fuels having lowest ash
and sulfur content.
2. Maximum utilization of mid-day (12 noon to 4 p.m.) atmospheric
turbulence for boiler lancing and soot blowing.
3. Maximum reduction by diverting electric power generation to
facilities outside of emergency areas.
(b) When the source of air contaminant is coal and oil fired process
steam generating facilities:
. 1. Maximum reduction by reducing heat and steam demands to absolute
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necessities consistent with preventing equipment damage.
»
.2. Maximum utilization of mid-day (12 noon to 4 p.m.)
atmospheric turbulence for boiler lancing and soot blowing.
3. Taking the action called for in the emergency plan.
(c) When the source of air contaminant is manufacturing industries
of the following classifications: primary metal industries,
petroleum refining, chemical industries, mineral processing
industries, grain industry, paper and allied products:
1. Elimination of air contaminants from manufacturing
operations by ceasing, curtailing, postponing or deferring
production and allied operations to the extent possible
without causing injury to persons or damage to equipment.
2. Elimination of air contaminants from trade waste disposal
prpcesses which emit solid particles, gases, vapors, or
malodorous substances.
3. Maximum utilization of mid-day (12 noon to 4 p.m.) atmospheric
turbulence for boiler lancing or soot blowing.
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DEPARTMENT FOR NATURAL RESOURCES AND
ENVIRONMENTAL PROTECTION
. ' Bureau for Environmental Quality
Division of Air Pollution
(11.0) 401 KAR. 3:040 Control of Emission of Hazardous Pollutants
(2.0) Section 1. Applicability
The provisions of this regulation apply to the owner or operator of any
stationary source for which a standard is prescribed under this regula-
tion. New or modified sources must comply with all standards upon
commencing operation. Existing sources shall comply within 90 days after
the effective date of this regulation.
(1.0) Section 2. Definitions
As used in this regulation, all terms not defined herein shall have the
meaning given them in 401 KAR 3:010.
(a) "Alternative Method" means any method of sampling and analyzing for
an air pollutant which is not a reference method or an equivalent
method but which has been demonstrated to the United States
Environmental Protection Agency's satisfaction to produce, in specific
cases, results adequate for its determination of compliance.
(b) "Commenced" means that an owner or operator has undertaken a continuous
program of construction or modification 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 or
modification.
(c) "Construction" means fabrication, erection, or installation of a
stationary source.
(d) "Equivalent Method" means any method of sampling and analyzing for
. .an air pollutant which has been demonstrated to the United States
Environmental Protection Agency's satisfaction to have a consistent
and quantitatively known relationship to the reference method, under
specified conditions.
(e) "Existing Source" means any stationary source which is not a new
source.
(f) "Modification" means any physical change in, or change in the
method of operation of, a stationary source which increases the
amount of any hazardous air pollutant emitted by such source or
which results in the emission of any hazardous air pollutant not
previously emitted, except that:
1. Routine maintenance, repair, and replacement shall not be
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considered physical changes and
2. The following shall not be considered a change in the
method of operation:
a. An increase in the production rate, if such
increase does not exceed the operating design
capacity of the stationary source;
b. An increase in hours of operation.
(g) "New source" means any stationary source, the construction or
modification of which is commenced after the effective date
of this regulation.
(h) "Owner or operator" means any person who owns, leases, operates,
controls, or supervises a stationary source.
(i) "Reference Method" means any method of sampling and analyzing
for an air pollutant, as specified by the United States Environ-
mental Protection Agency regulation on National Emission Standards
for Hazardous Air Pollutants (40 CFR 61).
(j) "Startup" means the setting in operation of a stationary source
for any purpose.
(k) "Standard" means an emission standard for a hazardous air
pollutant adopted under this regulation.
(1) "Stationary source" means any building, structure, facility, or
' installation which emits or may emit any air pollutant which has
been designated as hazardous by the Department.
(11.0) Section 3. potential Hazardous Emissions
Persons responsible for a source from which hazardous matter may be
emitted including but not limited to, antimony, arsenic, asbestos,
beryllium, bismuth, lead, mercury, silica, tin, and compounds of such
materials, and other toxic materials shall give the utmost care and
consideration to the potential harmful effects of the emissions
resulting from such activities. Evaluation of such facilities as to
adequacy, and emission potential will be made on an individual basis
by the- Department.
(50.7) Section 4. Emission Standard for Asbestos
(1) Applicability
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The provisions of this section are applicable to those sources
specified in Subsection (3) of this section.
(2) Definitions
Terms used in this section not defined herein shall have the
meaning given to them in 401 KAR 3:010 and in Section 2 of this
regulation.
(a) "Asbestos" means actinolite, amosite, anthophylite, chrysotile,
crocidolite, tremolite.
(b) "Asbestos Material" means asbestos or any material containing
asbestos.
(c) "Particulate Asbestos Material" means finely divided particles
of asbestos material.
(d.) "Asbestos Tailings" mean any solid waste product of asbestos
mining or milling operations which contains asbestos.
(e) "Outside Air" means the air outside buildings and structures.
(f) "Visible Emissions" mean any emissions which are visually
- detectable without the aid of instruments and which contain
particulate asbestos material.
(g) "Asbestos Mill" means any facility engaged in the conversion
or any intermediate step in the conversion of asbestos ore
into commercial asbestos. Outside storage of asbestos
materials is not considered a part of such facility.
(h) "Commercial Asbestos" means any variety of asbestos which is
produced by extracting asbestos from asbestos ore. '
(i) "Manufacturing" means the combining of commercial asbestos, or
in the case of woven friction products the combining of textiles
containing commercial asbestos, with any other material(s),
including commercial asbestos, and the processing of this
combination into a product as specified in Subsection (3)(c)
of this section.
(j) "Demolition" means the wrecking or removal of any load-supporting
structural member.
(3) Emission Standard
(a) Asbestos mills: There shall be no visible emissions to the
outside air from any asbestos mill except as provided in
Paragraph (f) of this subsection.
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(b) Roadways: The surfacing of roadways with asbestos tailings
is prohibited, except for temporary roadways on an area of
asbestos ore deposits. The deposition of asbestos tailings
on roadways covered with snow or ice is considered "surfacing."
(c) Manufacturing: There shall be no visible emissions to the
outside air, except as provided in Paragraph (f) of this
subsection, from any building or structure in which the
following operations are conducted outside of buildings or
structures:
1. The manufacture of cloth, cord, wicks, tubing, tape,
twine, rope, thread, yarn, roving, lap or other
textile materials.
2. The manufacture of cement products.
3. The manufacture of fireproofing and insulating materials.
4. , The manufacture of friction products.
5. The manufacture of paper, millboard, and felt.
6. The manufacture of floor tile.
7v The manufacture of paints, coatings, caulks, adhesives,
sealants.
8. The manufacture of plastics and rubber materials.
9. The manufacture of chlorine.
(d) Demolition: Any owner or operator of a demolition operation
who intends to demolish any institutional, commercial, or
industrial building (including apartment buildings having
more than four (4) dwelling units), structure, facility,
installation or portion thereof which contains any boiler, pipe,
or load-supporting structural member that is insulated or
fireproofed with friable asbestos material shall comply with
the requirements set forth in this subsection.
1.- Notice of intention to demolish shall be provided to the
Department by the owner or operator of the demolition
operation. Such notice shall be postmarked at least 10
days prior to commencement of demolition or anytime prior
to commencement of demolition subject to Paragraph (d) 4
of this subsection.
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2. Such notice shall include the following information:
a. Name of owner or operator,
b. Address of owner or operator,
c. Description of the building, structure, facility, or
installation to be demolished,
d. Address or location of the building, structure,
facility or installation,
e. Scheduled starting and completion dates of demolition,
f. Method of demolition to be employed,
g. Procedures to be employed to meet the requirements of
this section.
3. The following procedures shall be used to prevent emissions
of particulate asbestos material to outside air:
a. Friable asbestos material, used to insultate or fire-
proof any boiler, pipe, or load-supporting structural
member, shall be wetted and removed from any'building,
structure, facility, or installation subject to this
subsection before wrecking of load-supporting struc-
tural members is commenced. Boiler, pipe or load-
supporting structural members that are insulated or
fireproofed with friable asbestos materials may be
removed as units or in sections without stripping or
wetting, except that where the boiler, pipe or load-
supporting structural member is cut or disjointed, the
exposed friable asbestos materials shall be wetted.
Friable asbestos debris s-hall be wetted adequately
to insure that such debris remains wet during all
stages of demolition and related handling operations.
b. No pipe or load-supporting structural member that is
covered with friable asbestos insulating or fire-
proofing material shall be dropped or thrown to the
ground from any building, structure, facility, or
installation subject to this subsection, but shall be
carefully lowered or taken to ground level.
c. No friable asbestos debris shall be dropped or thrown
to the ground from any building, structure, facility,
or installation subject to this paragraph or from
any floor to any floor below. For buildings, struc-
tures facilities, or installations, fifty (50) feet
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or greater in height, friable asbestos debris shall
be transported to the ground via dust-tight chutes
or containers.
4. Any owner or operator of a demolition operation who in-
tends to demolish a building, structure, facility, or
installation to which the provisions of this subsection
would be applicable but which has been declared by proper
State or local authority to be structurally unsound and
which is in danger of imminent collapse is exempt from
the requirements of this section other than the reporting
requirements specified by Paragraph (d)l. of this sub-
section and the wetting of friable asbestos debris as
specified by Paragraph (d)3.a. of this subsection.
(e) Spraying: There shall be no visible emissions to the outside
air from the spray-on application of materials containing
more than one (1) percent asbestos, on a dry weight basis,
used to insulate or fireproof equipment and machinery, except
as provided in Paragraph (f) of this subsection. Spray-on
materials used to insulate or fireproof buildings, structures,
pipes, and conduits shall contain less that one (1) percent
asbestos on a dry weight basis. Any owner or operator who
intends to spray asbestos materials to insulate or fireproof
buildings, structures, pips, conduits, equipment, and machi-
nery shall report such intention to the Department as least
twenty (20) days prior to the commencement of the spraying
operation. Such report shall include the follwoing informa-
tion:
1. Name of owner or operator,
2. Address of owner or operator,
3. Location of spraying operation,
i '
4.; Procedures to be followed to meet the requirements of
. this paragraph.
(f) Rather than meet the no-visible-emission requirements of
Paragraphs (a), (c) and (e) of this subsection, an owner or
operator may elect to use the methods specified by Subsection
(4) of this section to clean emissions containing particulate
asbestos material before such emissions escape to, or are
vented to, the outside air.
(g) Where the presence of uncombined water is the sole reason for
failure to meet the no-visible-emission requirement of Para-
graph (a), (c) or (e) of this subsection, such failure shall
nqt be a violation of such emission requirements.
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(4) Air Cleaning
If air-cleaning is elected, as provided by Subsection (3) (f) or
this section, the requirements of this subsection shall be met.
(a): Fabric filter collection devices shall be used, except as
noted in Paragraphs (b) and (c) of this subsection. Such de-
vices shall be operated at a pressure drop of no more than 4
inches water gauge, as measured across the filter fabric.
The airflow permeability, as determined by a method specified
by the Department must not exceed thirty (30) cubic feet/min/
square foot for woven fabrics or thirty-five (35) cubic feet/
min/square foot for felted fabrics, except that forty (40)
cubic feet/min/square foot for woven and forty-five (45) cubic
feet/min/square foot for felted fabric is allowed for filtering
air from asbestos ore dryers. Each square yard of felted
fabric shall weigh at least forteen (14) ounces and be at least
one-sixteenth 0/16) inch thick throughout. Synthetic fabric
shall not contain fill yarn other than that which is spun.
(b) If the use of fabric filters creates a fire or explosion hazard,
the Department may authorize the use of wet collections de-
signed to operate with a unit contaction energy of at least
forty (40) inches water gauge pressure.
(c) The Department may authorize the use of filtering equipment
other than that described in Paragraphs (a) and (b) of this
subsection if the owner or operator demonstrates to the satis-
faction of the Department that the filtering of particulate
asbestos material is equivalent to that of the described
equipment.
(d) All air-cleaning equipment authorized by this subsection shall
be properly installed, used, operated, and maintained. Bypass
devices may be used only during upset or emergency conditions
and then only for so long as it takes to shut down the opera-
tion generating the particulate asbestos material.
(5) Reporting
The owner or operator of any existing source to which this section is
applicable shall, within ninety (90) days after the effective date of
this regulation, provide the following information to the Department.
(a) A description of the emission control equipemtn used for each
process;
(b) If a fabric filter device is used to control emissions, the
pressure drop across the fabric filter in inches water gauge.
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1. If the fabric filter device utilizes a woven fabric, the
air flow permeability in cubic feet/min/square foot; and
if the fabric is synthetic, indicate whether the fill yarn
is spun or not spun.
2. If the fabric filter device utilizes a felted fabric, the
density in ounces/square yard, the minimum thickness in
inches, and the airflow permeability in cubic feet/min/
square foot.
(50.7) Section 5. Emission Standard for Beryllium
(1) Applicability
The provisions of this section are applicable to the following
stationary sources:
U) Extraction plants, ceramic plants, foundies, incinerators, and
propellant plants which process beryllium ore, beryllium,
beryllium oxide, beryllium alloys, or beryllium-containing
waste. ''
(b) Machine shops which process beryllium, beryllium oxides, or
any alloy when such alloy contains more than 5 percent beryllium
by weight.
(2) Definitions
Terms used in this section not defined herein shall have the meaning
given to them in 401 KAR 3:010 and in Section 2 of this regulation.
(a) "Beryllium" means the element beryllium. Where weights or con-
centrations are specified, such weights or concentrations
;., apply to beryllium only, excluding the weight or concentration
of any associated elements.
(b) "Extraction Plant" means a facility chemically processing
beryllium ore to beryllium metal alloy, or oxide, or
performing any of the intermediate steps in these processes.
(c) "Beryllium Ore" means any naturally occurring material mined
or gathered for its beryllium content.
(d) "Machine shop" means a facility performing cutting, grinding,
turning, honing, milling, deburring, lapping, electrochemical
machining, etching, or other similar operations.
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(e) "Ceramic Plant" means a manufacturing plant producing ceramic
i terns.
(f) "Foundry" means a facility engaged in the melting or casting of
beryllium metal or alloy.
(g) "Beryllium-Containing Waste" means material contaminated with
beryllium and/or beryllium compounds used or generated during
any process or operation performed by a source subject to this
section.
(h) "Incinerator" means any furnace used in the process of burning
waste for the primary purpose of reducing the volume of the
waste by removing combustible matter.
(i) "Propellant" means a fuel and oxidizer physically or chemically
combined which undergoes combustion to provide rocket propulsion.
(j) "Beryllium Alloy" means any metal to which beryllium has been
added in order to increase its beryllium content and which
contains more than 0.1 percent beryllium by weight.
(k) "Propellant Plant" means any facility engaged in the mixing,
casting or machining of propellants.
(3) Emission standard
(a) Emissions to the atmosphere from stationary sources subject to
the provisions of this section shall not exceed ten (10) grams
of beryllium over a twenty-four (24) hour period, except as
provided in Paragraph (b) of this subsection.
(b) Rather than meet the requirements of Paragraph (a) of this sub-
section, an owner or operator may request approval from the
Department to meet an ambient concentration limit on beryllium
in the vicinity of the stationary source of 0.01 jjg/cubic
meter averaged over a thirty (30) day period.
1. Approval of such requests may be granted by the Department
provided that:
a. At least three (3) years of data is available which in
the judgment of the Department demonstrates that the
future ambient concentrations of beryllium in the vicinity
of the stationary source will not exceed 0.01 ug/cubic
meter, averaged over a thirty (30) day period. Such
three (3) year period shall be the three (3) years ending
thirty (30) days before the effective date of this regu-
lation.
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b. The owner or operator requests such approval in writing
within thirty (30) days after the effective date of
> this regulation.
c. The owner or operator submits a report to the Depart-
ment within forty-five (45) days after the effective
date of this regulation which includes the following.
information:
(i) Description of sampling method including the me-
thod and frequency of calibration,
(ii) Method of sampling analysis,
(iii) Averaging technique for determining thirty (30)
day average concentrations,
(iv) Number, identity, ,and location (address, coordi-
nates, or distance and heading from plant) of
sampling sites,
(v) Ground elevations and height above ground of
sampling inlets,
(vi) Plant and sampling area plots showing emission
points and sampling sites. Topographic features
significantly affecting dispersion including
plant building heights and location shall be in-
cluded,
(vii) Information necessary for estimating dispersion
including stack height, inside diameter, gas tem-
perature, exit velocity or flow rate and beryllium
concentrations,
(viii) A description of data and procedures (methods or
models) used to design the air sampling network
(i.e. number and location of sampling sites),
(ix) Air sampling data indicating beryllium concentra-
tions in the vicinity of the stationary source
for the three (3) year period specified in Sub-
section (3)(b)l. of this section. This data
shall be presented chronologically and include the
beryllium concentration and location of each in-
dividual sample taken by the network and the
corresponding thirty (30) day average beryllium
concentrations.
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2. Within sixty (60) days after receiving such report, the
Department shall notify the owner or operator in writing
whether approval is granted or denied. Prior to denying
approval to comply with the provisions of Paragraph (b)l.
of this subsection, the Department will consult with .repre-
sentatives of the air contaminant source for which the demon-
stration report was submitted.
(c) The burning of beryllium and/or beryllium-containing waste, ex-
cept propellents, is prohibited except in incinerators, emis-
sion from which must comply with the standard specified in this
section.
(4) Stack sampling
(a) Each owner or operator required to comply with Subsection (3)(a)
of this section shall test emissions from his source as set
forth in 40 CRF 61 as follows:
1. Within ninety (90) days of the effective date of this regu-
lation in the case of an existing source or a new source
which has initial startup date preceding the effective date
of this regulation; or
2. Within ninety (90) days of startup in the case of a new
source which does not have an initial startup date preceding
the effective date of this regulation.
(b) The Department shall be notified at least -thirty (30) days prior
to an emission test so that it may observe the tests.
(c) Samples shall be taken over such period or periods as are neces-
' sary to accurately determine the maximum emissions which will
occur in any twenty-four (24) hour period. Where emissions de-
pend upon the relative frequency of operation of different types
of processes, operating hours, operating capacities, or other
factors, the calculation of maximum twenty-four (24) hour period
emissions be based on that combination of factors which are
likely to occur during the subject period and which result in
the maximum emissions. No changes in the operation shall be
made, which would potentially increase emissions above that de-
termined by the most recent source test, until a new emission
level has been estimated by calculation and the results reported
to the Department.
(d) All samples shall be analyzed and beryllium emissions shall be
determined within thirty (30) days after the source test. All
' determinations shall be reported to the Department.
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(e) Records of emission test results and other data needed to deter-
mine total emissions shall be retained at the source and made
available for inspection by the Department for a minimum of
two (2) years.
(5) Air Sampling
(a) Stationary sources subject to Subsection (3)(b) of this section
shall locate air sampling sites in accordance with a plan ap-
proved by the Department. Such sites shall be located in such a
manner calculated to detect maximum concentrations of beryllium
' in the ambient air.
(b) All monitoring sites shall be operated continuously except for a
reasonable time allowance for instrument maintenance and calibra-
tion, for changing filters, or for replacement of equipment
needing major repair.
(c) Filters shall be analyzed and concentration calculated within
thirty (30) days after filters are collected. Records of con-
centrations at all sampling sites and other data needed to deter-
mine, such concentrations shall be retained at the source and made
available for inspection by the Department for a minimum of two
(2) years.
(d) Concentrations measured at all sampling sites shall be reported
to the Department every thirty (30) days.
(e) The Department may at any time require changes in or expansion
of the sampling network.
(50.7) Section 6. Emission Standard for Mercury
(1) Applicability
The provisions of this section are applicable to those stationary
sources which process mercury ore to recover mercury, or use mercury
chlor-alkali cells to produce chlorine gas and alkali metal hydroxide.
(2) Definitions
Terms used in this section not defined herein shall have the meaning
given to them in 401 KAR 3:010 and in Section 2 of this regulation:
(a) "Mercury" means the element mercury, excluding any associated
elements, and includes mercury in particulates, vapors, aerosols,
and compounds.
(b) "Mercury ore" means a mineral mined specifically for its mercury
1 content.
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(c) "Mercury Ore Processing Facility" means a facility processing
mercury ore to obtain mercury.
(d) "Condenser Stack Gases" mean the gaseous effluent evolved
from the stack of processes utilizing heat to extract mercury
"metal from mercury ore.
(e) "Mercury Chlor-alkali Cell" means a device which is basically
composed of an electrolyzer section and a denuder (decomposer)
section and utilized mercury to produce chlorine gas, hydrogen
gas and alkali metal hydroxide.
(f) "Mercury Chlor-alkali Electrolyzer" means an electrolytic
device which is part of a mercury chlor-alkali call and
utilizes a flowing mercury cathode to produce chlorine gas
and alkali metal amalgam.
(g) "Denuder" means a container which is part of a mercury chlor-
alkali cell and in which water and alkali metal amalgam are
converted to alkali metal hydroxide, mercury, and hydrogen
gas in a short-circuited, electrolytic reaction,
(h) "Hydrogen Gas Stream" means a hydrogen stream formed in the
chlor-alkali cell denuder.
(i) "End Box" means a container(s) located on one or both ends of
a mercury chlor-alkali electrolyzer which serves as a connection
between the electrolyzer and denuder for rich and stripped
amalgam.
(j) "End Box Ventilation System" means a ventilation system which
,: . collects mercury emissions from the end-boxes, the mercury
pump sumps, and their water collection systems.
(k) "Cell room" means a structure(s) housing one or more mercury
electrolytic chlor-alkali cells.
(3) .Emission Standard
Emissions to the atmosphere from stationary sources subject to the
provisions of this sections shall not exceed 3,2000 grams of mercury
per twenty-four (24) hour period.
(4) Stack Sampling
(a) Mercury ore processing facility.
1. Each owner or operator processing mercury ore shall
test emissions from his source as set forth in 40 CFR 61 as
follows:
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a. Within ninety (90) days of the effective date of this
regulation in the case of existing source or a new
source which has an initial startup date preceding the
effective date of this regulation; or
b. Within ninety (90) days of startup in the case of a new
source which did not have an initial startup date pre-
ceding the effective date of this regulation.
2. The Department shall be notified at least thirty (30) days
prior to an emission test, so that it may observe the test.
3. Samples shall be taken over such period or periods as are
necessary to accurately determine the maximum emissions
which will occur in a twenty-four (24) hour period. No
changes in the operation shall be made, which would poten-
tially increase emissions above that determined by the most
recent source test, until the new emission level has been
estimated by calculation and the results reported to the
Department.
4. All samples shall be analyzed, and mercury emissions shall
be determined within thirty (30) days after the source
test. Each determination will be reported to the Department.
5. Records of emission test results and other data needed to
determine total emissions shall be retained at the source
and made available for inspection by the Department for a
minimum of two (2) years.
(b) Mercury chlor-alkali plant - hydrogen and end-box ventilation
gas'Streams.
1. Each owner or operator employing mercury chlor-alkali cell(s)
shall test emissions from his source as follows:
a. Within ninety (90) days of the effective date of this
regulation in the case of an existing source or a new
source which has an initial startup date preceding the
effective date of this regulation; or
b. Within ninety (90) days of startup on the case of a new
: source which did not have an initial startup date pre-
ceding the effective date of this regulation.
2. The Department shall be notified at least thirty (30) days
prior to an emission test, so that it may at its option
observe the test.
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3. Samples shall be taken over such period or periods as are
necessary to accurately determine the maximum emissions
which will occur in a twenty-four (24) hour period. No
changes in the operation shall be .made, which would poten-
tially increase emissions above that determined by the most
recent source test, until the new emission has been esti-
mated by calculation and the results reported to the De-
partment.
4. All samples shall be analyzed and mercury emissions shall
be determined within thirty (30) days after the source test.
All the determinations will be reported to the Department.
5. Records of emission test results and other data needed to
determine total emissions shall be retained at the source
and made available for inspection by the Department for a
minimum of two (2) years.
(c) Mercury chlor-alkali plants - cell room ventilation system.
1. Stationary sources using mercury chlor-alkali cells may
test cell room emissions in accordance with Paragraph (c)2
of this subsection or demonstrate compliance with Paragraph
(c)4 of this subsection and assume ventilation emissions of
1,300 g/day of mercury.
2. Each owner or operator shall pass all cell room air in
forced.gas streams through stacks suitable for testing as
set forth in 40 CFR 61 as follows:
a. Within ninety (90) days of the effective date of this
regulation in the case of an existing source or a new
source which has an initial startup date preceding the
effective date of this regulation; or
b. Within ninety (90) days of startup in the case of a new
source which did not have an initial startup date pre-
ceding the effective date of this regulation.
3. The Department shall be notified at least thirty (30) days
prior to an emission test, so that it may at its option
observe the test.
4. An owner or operator may carry out approved design, main-
tenance and housekeeping practices.
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(50.7) Section 7k Emission Standard for Beryllium Rocket Motor Firing
(1) Applicability
The provisions of this section are applicable to rocket motor test
sites.
(2) Definitions
Terms used in this section not defined herein shall have the meaning
given to them in 401 KAR 3:010 and in Section 2 of this regulation.
(a) "Rocket motor test site" means any building, structure, facility,
or installation where the static test firing of a beryllium
rocket motor and/or the disposal of beryllium propellent is con-
ducted.
(b) "Beryllium propellant" means any propellent incorporating
beryllium.
(3) Emission Standard
(a) Emissions to the atmosphere from rocket-motor test sites shall
not cause time-weighted atmospheric concentrations of beryllium
to exceed seventy-five (75) microgram minutes per cubic meter
of air within the limits of ten (10) to sixty (60) minutes,
. , accumulated during any two (2) consecutive weeks, in any area
in which an effect adverse to public health could occur.
(b). If combustion products from the firing of beryllium propellant
are collected in a closed tank, emissions from such tank shall
not exceed two (2) grams per hour and a maximum to ten (10)
grams per day.
(4) Emission testing - rocket firing or propellant disposal.
(a) Ambient air concentrations shall be measured during and after
firing of a rocket motor or propellent disposal and in such a
manner that the effect of these emissions can be compared with
the standard. Such sampling techniques shall be approved by
the Department.
(b) All samples shall be analyzed and results shall be calculated
within thirty (30) days after samples are taken and before any
subsequent rocket motor firing or propellant disposal at the
given site. All results shall be reported to the Department
by a registered letter dispatched before the close of the next
business day following determination of such results.
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(c) Records of air sampling test results and other data needed to
determine integrated intermittent concentrations shall be re-
tained at the source and made available for inspection by the
Department for a minimum of two (2) years.
(d) The Department shall be notified at least thirty (30) days prior
to an air sampling test, so that it may at its option observe
the test.
(5) Stack sampling
(a) Sources subject to Subsection (3)(b) of this section shall be
continuously sampled, during release of combustion products
from the tank, in such a manner that compliance with the
standards can be determined.
(b) All samples shall be analyzed and beryllium emissions shall be
determined within thirty (30) days after samples are taken
and before any subsequent rocket motor firing or propel 1 ant
'disposal at the given site. All determinations shall be re-
ported to the Department by a registered letter dispatched be-
fore the close of the next business day following such deter-
minations.
(c) Records of emission test results and other data needed to
determine total emissions shall be retained at the source and
made available for inspection by the Department for a minimum
of two (2) years.
(d) The Department shall be notified at least thirty (30) days
prior to an emission test, so that it may at its option observe
-the test.
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DEPARTMENT FOR NATURAL RESOURCES AND
ENVIRONMENTAL PROTECTION
Bureau of Environmental Quality
Division of Air Pollution
(10.0) 401 KAR 3:050 Standards of Performance for New Sources
(2.0) Section 1. General Provisions
(1) Applicability
Unless specifically defined in subsequent sections, the
provisions of this regulation shall apply to the owner or
operator of any source which contains any new or modified
affected facility the construction of which commenced
after the effective date of this regulation.
(2) Definitions
As used in this regulation, all terms not defined herein
shall have the meaning given them in 401 KAR 3:010.
(a) "Standard" means a standard of performance promul-
gated under this regulation
(b) "Source" means one or more affected facilities, which
emits or may emit any air contaminant, contained
within a given contiguous property line. The property
shall be considered contiguous if separated only by
a public thoroughfare, stream, or other right of
way.
(c) "Affected Facility" means, with respect to a source,
any apparatus to which a standard is applicable.
(d) "Owner or Operator" means any person who owns, leases,
operates, controls, or supervises an affected facility
or a source of which an affected facility is a part.
(e) "Construction" means fabrication, erection, or in-
stallation of an affected facility.
(f) "Modification" means any physical change in, or change
in the method of operation of an affected facility
which increases the amount of any air pollutant (to
which a standard applies) emitted by such facility
or which results in the emission of any air pollutant
(to which a standard applies) not previously emitted,
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except that:
1. Routine maintenance, repair, and replacement shall
not be considered physical changes and
2. The following shall not be considered a change in
the method of operation:
a. An increase in the production rate, if such
increase does not exceed the operating
design capacity of the affected facility;
b. An increase in hours of operation;
c. Use of an alternative fuel or raw material if,
prior to the date any standard under this
regulation becomes applicable to such facility,
as provided by Subsection (1) of this section,
the affected facility is designed to accommo-
date such alternative use.
(g) "Commenced" means, that an owner or operator has under-
taken a continuous program of construction or modi-
fication or that an owner or operator has entered into
a binding agreement or contractual obligation to under-
take and complete within a reasonable time, a con-
tinuous program of construction or modification.
(h) "Nitrogen Oxides" means all oxides of nitrogen
except nitrous oxide, as measured by test methods
specified by the Department.
(i) "Startup" means the setting in operation of an affected
facility for any purpose.
(j) "Reference Method" means any method of sampling and
analyzing for an air pollutant as prescribed in the
United States Environmental Protection Agency Regu-
lation of Performance for New Stationary Sources
(40 CFR 60).
(k) "Equivalent Method" means any method of sampling and
analyzing for an air pollutant which has been demon-
strated to the United States Environmental Protection
Agency's satisfaction to have a consistent and quanti-
tatively known relationship to the reference method,
under specified conditions.
(1) "Alternative Method" means any method of sampling and
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analyzing for an air pollutant which is not a reference
or equivalent method but which has been demonstrated
to the United States Environmental Protection
Agency's satisfaction to, in specific cases, produce
results adequate for its determination of compliance.
(m) "Particulate Matter" means any finely divided solid
or liquid material, other than uncombined water, as
measured by the reference method or an equivalent or
alternative method.
(n) "Run" means the net period of time during which an
emission sample is collected. Unless otherwise
specified, a run may be either intermittent or con-
tinuous within the limits of good engineering
practice.
(3) Performance Test
t
(a) 1. Within sixty (60) days after achieving the maximum
production rate at which the affected facility
will be operated, but not later than 180 days
after initial startup of such facility and at such
other times as may be required by the Department
the owner or operator of the affected facilities
specified below shall conduct performance test(s)
and furnish the Department a written report of the
results of such performance test(s).
a. Process operation with a process weight rate
of 100 tons per hour or more.
b. Indirect heat exchanger of more than 250
million BTU per hour.
c. Incinerator with a charging rate of more than
45 metric tons per day (50 tons/day).
d. Portland Cement Plants.
e. Nitric Acid Plants.
f. Sulfuric Acid Plants.
g. Asphalt Concrete Plants.
h. Petroleum Refineries.
i. Affected facilities specified in Subsections
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11 (1), 12 (1) and 13 (1) of this regulation.
j. Sewage Treatment Plants.
2. The Department may require the owner or operator of
an affected facility not specified in Paragraph
(a) 1 of this subsection to conduct performance
test and furnish a written report of the results
of such performance test(s), as required by this
subsection.
(b) Performance tests shall be conducted and data reduced
in accordance with the test methods and procedures
contained in each applicable section Unless the Depart-
ment:
1. Specifies or approves, the use of a reference
method with minor changes in methodology,
2. Approves the use of an equivalent method,
3. Approves the use of an alternative method the
results of which it has determined to be adequate
for indicating whether a specific source is in
compliance, or
4. Waives the requirement for performance tests
because the owner or operator of a source has
demonstrated to the Department's satisfaction
that the affected facility is in compliance
with the standard. Nothing in this paragraph
shall be construed to abrogate the Department's
authority to require testing under 401 KAR 3:010.
(c) The owner or operator shall permit the Department to
conduct performance tests at any reasonable time,
shall cause the affected facility to be operated for
purposes of such tests under such conditions as the
Department may specify based on representative per-
formance of the affected facility, and shall make
available to the Department such records as may be
necessary to determine such performance.
(d) The owner or operator of an affected facility shall
provide the Department ten (10) days prior notice of
the performance test to afford the Department the
opportunity to have an observer present
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(e) The owner or operator of an affected facility shall
provide, or cause to be provided, performance test-
ing facilities as follows:
1. Sampling ports adequate for test methods appli-
cable to such facility.
2. Safe sampling platform(s).
3. Safe access to sampling platform(s).
4. Utilities for sampling and testing equipment.
(f) Each performance test shall consist of three (3) separ-
ate runs using the applicable test method. Each
run shall be conducted for such time and under such
conditions specified in the applicable standard.
For the purpose of determining compliance with an
applicable standard, the arithmetic mean of the
results of the three (3) runs shall apply. In the
event that a sample is accidentally lost or conditions
occur in which one (1) of the three (3) runs must be
discontinued because of forced shutdown, failure of
an irreplaceable portion of the sample train, extreme
meteorological conditions, or other circumstances,
beyond the owner or operator's control, compliance
may, upon the Department's approval, be determined
using the arithmetic mean of the results of the two
(2) other runs.
(4) Ambient Air Monitoring
Persons owning or operating any new affected facility for
which a standard is prescribed in this regulation when
required by the Department shall install, use, and maintain
ambient air monitoring equipment in accordance with methods
prescribed in United States Environmental Protection
Regulation on National Primary and Secondary Ambient Air
Quality Standards (40 CFR 50) and in such number and fre-
quency prescribed by the Department, and shall make periodic
ambient air monitoring reports at intervals prescribed
by the Department.
(5) Compliance with standards and maintenance requirements.
(a) Compliance with standards in this regulation, other
than opacity standards, shall be determined only by
performance tests established by Subsection (3)
of this section.
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(b) Compliance with opacity standards in this regulation
shall be determined by conducting observations in
accordance with the reference method as defined in
Subsection l(2)(j). Opacity readings of portions of
plumes which contain condensed, uncombined water
vapor shall not be used for purposes of determining
compliance with opacity standards. The results
of continuous monitoring by transmissometer which
indicate that the opacity at the time visual obser-
vations were made was not in excess of the standard
are probative but not conclusive evidence of the actual
opacity of an emission, provided that the source shall
meet the burden of proving that the instrument used
meets (at the time of the alleged violation), per-
formance specification as required by the Department,
has been properly maintained and (at the time of the
alleged violation) calibrated, and that the result-
ing data have not been tampered with in any way.
(c) The opacity standards set forth in this regulation
shall apply at all times except during periods of
startup, shutdown, malfunction, and as otherwise
provided in the applicable standard.
(d) At all times, including periods of startup, shut-
down, and malfunction, owners and operators shall,
to the extent practicable, maintain and operate any
affected facility including associated air pollution
equipment in a manner consistent with good air pollu-
tion control practice for minimizing emissions.
Determination of whether acceptable operating and
maintenance procedures are being used will be based
on information available to the Department which may
include, but is not limited to, monitoring results,
opacity observations, review of operating and main-
tenance procedures, and inspection of the source.
(e) 1. An owner or operator of an affected facility may
request the Department to determine opacity of
emissions from the affected facility during the
initial performance tests required by Subsection
(3) of this section.
2. Upon receipt from such owner or operator of the
written report of the results of the perfor-
mance tests required by Subsection (3) of this
.section, the Department will make a finding
concerning compliance with opacity and other
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applicable standards. If the Department finds
that an affected facility is in compliance with
all applicable standards for which performance
tests are conducted in accordance with Subsection
(3) of this section, but during the time such
performance tests are being conducted fails to
meet any applicable opacity standard, the Depart-
ment within ten (10) days of receipt of notifica-
tion to make appropriate adjustment to the
opacity standard for the affected facility.
3. The Department will grant such a petition upon a
demonstration by the owner or operator that the
affected facility and associated air pollution
control equipment was operated and maintained in
a manner to minimize the opacity of emissions
during the performance tests; that the performance
tests were performed under the conditions estab-
lished by the Department; and that the affected
facility and associated air pollution control
equipment were incapable of being adjusted or
operated to meet the applicable opacity standard.
4. The Department will establish an opacity standard
for the affected facility meeting the above re-
quirements at a level at which the source will
be able, as indicated by the performance and
opacity tests, to meet the opacity standard at
all times during which the source is meeting the
mass or concentration emission standard.
(6) Circumvention
No owner or operator subject to the provisions of this
regulation shall build, erect, install, or use any
article, machine, equipment or process, the use of which
conceals an emission which would otherwise constitute
a violation of an applicable standard. Such concealment
includes, but is not limited to, the use of gaseous diluents
to achieve compliance with an opacity standard or with a
standard which is based on the concentration of a pollu-
tant in the gases discharged to the atmosphere.
(10.0)
(50.1.1) Section 2. New Stationary Sources - Process Operations
(1) Applicability
The provisions of this section shall apply to each process
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operation commenced on or after the effective date of this
regulation which shall be the affected facility.
(2) Definitions
As used in this section, all terms not defined herein shall
have the meaning given them in 401 KAR 3:010 and in Subsection
1(2) of this regulation.
(a) "Process Operation" means any method, form, action,
. operation or treatment of manufacturing or processing,
and shall include any storage or handling of materials
or products, before, during, or after manufacturing or
. processing;
(b) "Process Weight" means the total weight of all materials
introduced into any affected facility which may cause any
emission of particulate matter, but does not include
liquid and gaseous fuels charged, combustion air, or un-
..,.. combined water.
(c) "Process Weight Rate" means a rate established as follows:
1. For continuous or long-run steady state operations,
the total process weight for the entire period of
continuous operation or for a typical portion thereof-
divided by the number of hours of such period or
portion thereof;
2. For cyclical or batch unit operations, or unit
processes, the total process weight for a period
that covers a complete operation or an integral
number of cycles, divided by the hours of actual
process operation during such a period.
Where the nature of any process operation or the design
of any equipment is such as to permit more than one inter-
. pretation which results in the minimum value for allowable
emissions shall apply.
(d) "Affected Facility" as related to process operations means
the last operation preceding the emission of air contam-
inants which results:
1. In the separations of the air contaminant from the
process materials or,
2. in the conversion of the process materials into air
contaminants, but does not include an air pollution
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abatement operation.
(3) Standard for Particulate Matter
No person shall cause, suffer, allow or permit the emission
into the open air of particulate matter from any affected
facility, or from all air pollution control equipment
installed on any affected facility which:
(a) Is equal to or greater than twenty (20) percent opacity;
or,
(b) Is in excess of the quantity specified in Table 1 of
this regulation.
(4) Test Methods and Procedures
The reference methods as defined in Subsection 1 (2) (j) shall
be used to determine compliance with the standards prescribed
in this regulation.
(51.5]
(5i.e;
(51.7) Section 3. Standards of Performance for Indirect Heat Exchangers
(1) Applicability
The provisions of this section shall apply to each indirect
heat exchanger commenced on or after April 9, 1972, which is
the affected facility. This section shall not apply to
the following: Indirect Heat Exchangers with a capacity of
one (1) million BTU per hour input or less and indiirect
heat exchangers using natural gas, liquid petroleum gas, or
distillate fuel oil as a main fuel or combination of these
as main or standby fuel, with a capacity of less than 50
million BTU per hour input.
(2) Definitions
As used in this section, all terms not defined herein shall
have the meaning given them in 401 KAR 3:010 and in Sub-
section 1(2) of this regulation.
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TABLE 1
ALLOWABLE RATE OF PARTICULATE EMISSION
BASED ON PROCESS WEIGHT
PROCESS WEIGHT RATE
MAXIMUM ALLOWABLE
EMISSION RATE
Lb/Hr.
TOO or less
200
400
600
800
1000
1500
, 2000
2500
3000
3500
4000
5000
6000
7000
8000
9000
10000
12000
16000
18000
20000
30000
40000
50000
60000
70000
80000
90000
100000
120000
140000
160000
200000
1000000
2000000
6000000
Tons/Hr.
0.05 or less
0.10
0.20
0.30
0.40
0.50
0.75
1.00
1.25
1.50
1.75
2.00
2.50
3.00
3.50
4.00
4.50
5.00
6.00
8.00
9.00
10.00
15.00
20.00
25.00
30.00
35.00
40.00
45.00
50,00
60.00
70.00
80.00
100.00
. 500.00
1000.00
3000.00
Lb/Hr.
0.56
0.86
1.32
1.70
2.03
2.34
3.00
2.59
4.12
4.62
5.08
5.52
6.34
7.09
7.81
8.48
9.12
9.74
10.90
13.03
14.02
14.97
19.24
23.00
26.41
29.57
30.57
31.23
31.83
32.37
33.33
34.16
34.90
36.17
46.79
52.28
62.32
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I interpolation-of the data for process weight rates up to 60,000 Ib./hr.
shall be accomplished by use of the equation E = 3.59 P °-62 , and
interpolation and extrapolation of the data for process weight rates in
excess of 60,000 Ib./hr. shall be accomplished by the use of the equation
E = 17.31 P° , where E = rate of emission in Ib./hr. and P = process
weight rate in tons/hr.
(a) "Indirect Heat Exchanger" means any piece of equipment,
apparatus or contrivance used for the combustion of fuel
in which the energy produced is transferred to its point
of usage through a medium that does not come in contact
with or add to the products of combustion.
(b) "Fuel" means natural gas, petroleum, coal, wood, and any
form of solid, liquid, or gaseous fuel derived from such
materials for the purpose of creating useful heat.
ii
(c) "Particulate Matter" means any finely divided liquid or
solid material, other than uncombined water, as measured
. ; by a method specified by the Department.
(3) Standard for Particulate Matter.
On and after the date on which the performance test required
to be conducted by Subsection 1(3) of this regulation is
completed, no owner or operator subject to the provisions of
this section shall cause to be discharged into the atmosphere
from any affected facility any gases which:
(a) Contain particulate matter in excess of the weights for
each million BTU per hour heat input derived from fuel at
any specified capacity rating (expressed in millions of
BTU per hour heat input) as listed in the table below:
MAXIMUM PAPTICULATE
MM BTU/HR EMISSION RATE, POUNDS
HEAT INPUT PER MILLION BTU INPUT
10 or less 0.56
50 0.38
100 0.33
150 0.30
200 0.28
250 or more 0.10
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Interpolation of allowable emissions for intermediate heat input
values not specified in the table above may be accomplished by the
use of the following equation.
. Y = 0.9634 x -°'2356
where Y is the allowable particulate emission in pounds per million
BTU heat input, and
X is the millions of BTU per hour heat input capacity rating.
(b) Exhibit greater than twenty (20) percent opacity except
that a maximum of forty (40) percent opacity shall be per-
missible for not more than two (2) minutes in any hour.
Where the presence of uncombined water is the only reason for
failure to meet the requirements of this.paragraph, such
failure will not be a violation of this section.
(4) Standard for Sulfur Dioxide.
(a) On and after the date on which the performance test required
to be conducted by Subsection 1(3) of this regulation is
completed no owner or operator, subject to the provisions
of this regulation shall cause to be discharged into the
atmosphere from any affected facility any gases which contain
sulfur dioxide in excess of the weights for each million
BTU per hour heat input derived from fuel at any specified
capacity rating (expressed in millions of BTU per hour heat
input) as listed in table below:
POUNDS SO? PER MILLION
MM BTU/HOUR BTU HEAT INPUT
HEAT INPUT LIQUID FUEL SOLID FUEL
10 or less 3.0 5.0
,50 1.5 2.5
100 1,2 1.8
150 1.0 1.5
200 0.9 1.3
250 or more 0.8 1.2
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Interpolation of allowable emissions for intermediate heat input
values not specified in the table above may be accomplished by
use of the equations below for appropriate fuel and heat input
specified:
Liquid fuel: Y = 7.7223 x -°-4106
Solid Fuel: Y = 13.8781 x~°'4434
Where Y = allowable sulfur dioxide emissions in pounds per million
BTU per hour heat input, and
X = millions of BTU per hour heat input capacity rating.
(b) When different fuels are burned simultaneously in any com-
bination, the applicable standard shall be determined by
proration using the following formula:
Allowable 'sulfur dioxide emission in pounds per million BTU
per hour heat input =
y(a)+z(b)
Where :
y is the percent of total heat input derived from liquid
fuel .
z is the percent of total heat input derived from solid
fuel .
a is the allowable sulfur dioxide emission in pounds per
million BTU heat input derived from liquid fuel, and
b is the allowable sulfur dioxide emission in pounds per
million BTU heat input derived from solid fuel.
(c) Compliance snail be based on the total heat input from all
fuels burned, including gaseous fuels.
(5) Standard for Nitrogen Oxides.
(a) On and after the date on which the performance test required
to be conducted by Subsection 1(3) of this regulation is
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completed no owner or operator of an indirect heat exchanger
with an input heat capacity of 250 mm BTU per hour or more
subject to the provisions of this section shall cause to
be discharged into the atmosphere from any affected
facility any gases which contain nitrogen oxides expressed
as N02 in excess of:
1. 0.20 Ib. per million BTU heat input (0.36 g. per million
cal) derived from gaseous fuel.
2. 0.30 Ib. per million BTU heat input (0.54 g. per million
cal.) derived from liquid fuel.
3. 0.70 Ib. per million BTU heat input (1.26 g. per million
cal. derived from solid fuel (except lignite).
(b) When different fuels are burned simultaneously in any
combination the applicable standard shall be determined
by proration. Compliance shall be determined by using the
following formula:
Allowable nitrogen dioxide emission in pounds per million
BTU/hour heat input =
x(0.20)+y(0.30)+z(0.70)
x+y+z
where
x is the percent of total heat input derived from
oaseous fuel and,
y is the percent .of total heat input derived from
liquid fuel and,
z is the percent of total heat input derived from
solid fuel (except lignite).
(6) Emission and Fuel Monitoring.
(a) There shall be installed, calibrated, maintained, and
operated in any indirect heat exchanger of more than 250
million BTU per hour heat input subject to the provisions
of this section, emission monitoring instruments as
follows:
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1. A photoelectric or other type smoke detector and
recorder, except where gaseous fuel is the only fuel
burned.
2. An instrument for continuously monitoring and recording
sulfur dioxide emissions, except where gaseous fuel is
the only fuel burned, or where compliance is achieved
through low sulfur fuels and representative sulfur
analysis of fuels are conducted daily in accordance
with Paragraph (c) or (d) of this subsection.
3. An instrument for continuously monitoring and recording
emissions of nitrogen oxides.
(b) Instruments and sampling systems installed and used
pursuant to this section shall be capable of monitoring
emission levels within ±20 percent with a confidence level
of ninety-five (95) percent and shall be calibrated in
accordance with the method(s) prescribed by the manu-
facturers recommended zero adjustment and calibration pro-
cedures at least once per twenty-four (24) hour operating
period unless the manufacturer(s) specifies or recommends
calibration at shorter intervals, in which case such
specifications or recommendations shall be followed.
The applicable method specified by the Department shall be
the reference method.
(c) The sulfur content of solid fuels, as burned, shall be
determined in accordance with the methods specified by the
Department.
(d) The sulfur content of liquid fuels, as burned, shall be
determined in accordance with the methods specified by the
Department.
(e) The rate of fuel burned for each fuel shall be measured
daily or at shorter intervals and recorded. The heating
value and ash content of fuels shall be ascertained at
least once per week and recorded. Where the indirect heat
exchanger is used to generate electricity, the average
.electrical output and the minimum and maximum hourly
generation rate shall be measured and recorded daily.
(f) the owner or operator of an indirect heat exchanger subject
to the provisions of this section shall maintain a file
of all measurements required by this regulation. Appro-
priate measurements shall be reduced to the units of the
.applicable standard daily, and summarized monthly. The
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record of any such measurement(s) and summary shall be
retained for at least two (2) years following the date of
such measurements and summaries.
(g) The Department may require for any indirect heat exchanger
unit of less than 250 million BTU per hour heat input any
or all the emission and fuel monitoring required by this
subsection.
(7) Test Methods and Procedures.
(a) The reference methods as defined in Subsection l(2)(j) shall
be used to determine compliance with the standards pre-
scribed in this regulation.
(b) For determining particulates the sampling time for each run
shall be at least sixty (60) minutes and the minimum sample
volume shall be 0.85 dscm (30.0 dscf) except that smaller
.sampling times or sample volumes, when necessitated by
process variables or other factors, may be approved by the
Department.
(c) For determining sulfur dioxide and nitrogen oxides, the
. ^sampling site shall be the same as that for determining
volumetric flow rate. The sampling point in the duct shall
.be at the centroid of the cross section or at a point no
closer to the walls than 1 m (3.28 ft.).
(d) ; For determining sulfur dioxide, the minimum sampling time
shall be twenty (20) minutes and the minimum sample volume
'shall be 0.02 dscm (0.71 dscf) except that smaller sampling
times or sample volumes, when necessitated by process
variables or other factors, may be approved by the Depart-
ment. The sample shall be extracted at a rate proportional
'to the gas velocity at the sampling point. The arithmetic
average of two samples shall constitute one run. Samples
shall be taken at approximately thirty (30) minute inter-
vals.
(e) For determining nitrogen oxides, each run shall consist of
at least four (4) grab samples taken at approximate
. fifteen (15) minute intervals. The arithmetic mean of the
samples shall constitute the run values.
(f) Heat input, expressed in cal per h.r (BTU/hr), shall be
determined during each testing period by multiplying the
heating value of the fuel by the rate of fuel burned.
Heating value shall be determined in accordance with mathods
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specified by the Department. The rate of fuel burned
' during each testing period shall be determined by suitable
methods and shall be confirmed by a material balance over
the affected facility.
(g) For each run, emissions expressed in g/million cal shall
be determined by dividing the emission rate in g/hr by the
heat input. The emission rate shall be determined by the
equation g/hr = Qs x C where Qs = volumetric flow rate of
the total effluent in dscm/hr as determined for each run.
1. For particulate matter, C = particulate concentration
in g/dscm.
2. For S02, C = S02 concentration in g/dsctn.
3. For NO , C = NO concentration in g/dscm.
/\ /\
(51.9) Section 4. Standards of Performance for Incinerators
(1) Applicability
The provisions of this section shall apply to each incinerator
commenced on or after April 9, 1972, which is the affected
facility.
(2) Definitions
As used in this section, all terms not defined herein shall
have the meaning given them in 401 KAR 3:010 and Subsection
1(2) of this regulation.
(a) "Incinerator" means any furnace used in the process of
burning waste for the purpose of reducing the volume of
the waste by removing combustible matter.
(b) "Day" means twenty-four (24) hours.
(c) "Auxiliary Fuel" means a substance burned in an incin-
erator to supply additional heat to attain temperature
sufficiently high to dry and ignite waste material and
to maintain ignition of the waste material but which
is never in contact with the waste material.
(3) Standard for particulate matter.
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(a) On and after the date on which the performance test
required to be conducted by Subsection 1(3) of this
regulation is completed, no owner or operator of an
incinerator of more than forty-five (45) metric tons
per day charging rate (50 tons/day) shall cause to be
discharged into the atmosphere from any affected
facility any gases which contain particulate matter in
.excess of 0.18 g/dscm (0.08 gf/dscf) corrected to
twelve (12) percent C02 excluding the contribution of
carbon dioxide from auxiliary fuel.
(b) On and after the date on which the performance test
required to be conducted by Subsection 1(3) of this
regulation is completed, no owner or operator of an
incinerator of forty-five (45) metric tons per day
charging rate (50 tons/day) or less shall cause to be
discharged into the atmosphere from any affected
facility any gases which contain particulate matter in
excess of 0.45 g/dscm (0.2 gr/dscf) corrected to
twelve ,(12) percent C02 excluding the contribution of
carbon .dioxide from auxiliary fuel.
(4) Monitoring of Operations.
i
(a) The owner or operator of any incinerator of more than
forty-five (45) metric tons per day charging rate (50
tons per day) subject to the provisions of this regulation
shall record the daily charging rates and'hours of "opera-
tion.
(5) Nameplate
All new incinerators shall have a nameplate installed in a
conspicuous place on the unit giving the manufacturer's
name, model number, rated capacity and the types of waste
material for which the unit is designed.
(6) Test Methods and Procedures
(a) The reference methods as defined in Subsection l(2)(j)
except as[provided for in Subsection l(3)(b) of this reg-
ulation, shall be used to determine compliance with the
standard prescribed in Subsection (3) of this section.
(b) The sampling time for each run shall be at least sixty (60)
minutes arid the minimum sample volume shall be 0.85 dscm
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(30.0 dscf) except that smaller sampling times or sample
volumes, when necessitated by process variable or other
factors, may be approved by the Department.
(c) If a wet scrubber is used, the gas analysis sample shall
reflect flue gas conditions after the scrubber, allowing
for carbon dioxide absorption by sampling the gas on the
scrubber inlet and outlet sides according to either the
procedure under Paragraphs (c) 1 through (c) 5 of this
subsection or the procedure under Paragraphs (c) 1» (c)
2 and (c) 6 of this subsection as follows:
1. The outlet sampling site shall be the same as for the
parti culate matter measurement.
2. Randomly select nine (9) sampling points with in the
cross-section at both the inlet and outlet sampling
sites. Use the first set of three (3) for the first
run, and the third set for the third run. »
3. Simultaneously with each particulate matter run,
extract and analyze for C02, and integrated gas sample
traversing the three (3) sample points and sampling
at the runs at both inlet and outlet sampling sites.
4. Measure the volumetric flow rate at the inlet during
each particulate matter run using the full number of
traverse points. For the inlet make two (2) full
velocity traverses approximately one (1) hour apart
during each run and average the results. The outlet
volumetric flow rate may be determined from the particu-
late matter run.
5. Calculate the adjusted C02 percentage using the
following equation:
where:
(% COg) is the adjusted C02 percentage
adj
which removes the effect of COg absorp
tion and dilution air.
(% C02)di is the percentage of CO? measured
before the scrubber, dry basis.
Qdo is the volumetric flow rate after the
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scrubber, dscf/min.
(7) Alternatively, the following procedures may be substituted for
the procedures under Paragraphs (c) 3, 4 and 5 of Subjection
(6):
(a) Simultaneously with each particulate matter run,
extract and analyze for C02, 02, and Ng an integrated
gas sample traversing the three (3) sample points and
sampling for equal increments of time at each point.
Conduct the runs at both the inlet and outlet sampling
sites.
(b) , After completing the analysis of the gas sample, calculate
the percentage of excess air (% EA) for both the inlet
and outlet sampling sites.
(c) Calculate the adjusted COg percentage using the following
equation:
... EA)-,
di !oo> j% EA)0
where:
(% C02)adj is tne adjusted outlet C02 percentage,
(% C02)di is the percentage of CC2 measured before the
scrubber, dry basis,
(% EA)-j is the percentage of excess air at the inlet,
and
(% EA)0 is the percentage of excess air at the outlet.
(d) Particulate matter emissions, expressed in g/dscm, shall
be corrected to twelve (12) percent C02 by using the
following formula:
% C02
where:
C]2 is the concentration of particulate matter
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corrected to twelve (12) percent C02,
c is the concentration of participate /natter and,
% C02 is the percentage of measured C02 or when applicable,
the adjusted outlet C02 percentage as determined by
paragraph (c) of this subsection.
(51.3) Section 5. Standards of Performance for Portland Cement Plants
(1) Applicability
The provisions of the section shall apply to the following
affected facilities in portland cement plants commenced on
or after April 9, 1972 : kiln, clinker cooler, raw mill
system, finish mill system, raw mill dryer, raw material
storage, clinker storage, finished product storage, conveyor
transfer points, bagging and bulk loading and unloading
systems.
(2) Definitions
As used in this section, all terms not defined herein shall
have the meaning given them 401 KAR 3:010 and in Section 1(2)
of this regulation. "Portland Cement Plant" means any
facility manufacturing portland cement by either the wet or
dry process".
(3) Standard for Particulate Matter.
(a) On and after the date on which the performance test
required to be conducted by Subsection 1(3) of this
regulation is completed, no owner or operator subject
to the provisions of this section shill cause to be
discharged into the atmosphere from any kiln any gases
which:
1. Contain particulate matter in excess of 0115 kg
per metric ton of feed (dry basis) to the kiln (0.30
Ib per ton). .
2. Exhibit greater than twenty (20) percent opacity.
. (b) .On and after the date on which the performance test
required to be conducted by Subsection 1(3) if completed,
no owner or operator subject to the provisions of this
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section shall cause to be discharged into the atmosphere
from any clinker cooler any gases which:
1. Contain participate matter in excess of 0.050 kg
per metric ton of feed (dry basis) to the kiln
(0.10 Ib. per ton).
2. Exhibit ten (10) percent opacity, or greater.
(c) On and after the date on which the performance test
required to be conducted by Subsection 1(3) of this
regulation is completed, no owner or operator subject to
the provisions of this section shall cause to be
discharged into the atmosphere from any affected facility
other than the kiln and clinker cooler any gases which
exhibit ten (10) percent opacity, or greater.
(4) Monitoring of Operations
The owner or operator of any portland cement plant subject
to the provisions of this regulation shall record the daily
production rates and kiln feed rates.
(5) Test Methods and Procedures.
(a) The reference methods as defined in Subsection l(2)(j),
except as provided for in Subsection l(3)(b) of this
regulation shall be used to determine compliance with
the standards prescribed in Subsection (3) of this sec-
tion.
(b) For determination of particulates, the minimum sampling
time and minimum sample volume for each run, except when
process variables or other factors justify otherwise
to the satisfaction of the Department shall be as
follows:
1. Sixty (60) minutes and 0185 dscm (30.0 dscf) for the
kiln.
2. Sixty (60) minutes and 1.15 dscm (40.6 dscf) for the
clinker cooler.
(c) Total kiln feed rate (except fuels), expressed in metric
tons per hour on a dry basis, shall be determined during
each testing period by suitable methods; and shall be
confirmed by a material balance over the production
system.
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(d) For each run, participate matter emissions, expressed
in g/metric ton of kiln fee, shall be determined by
dividing the emission rate in g/hr by the kiln feed
rate. The emission rate shall be determined by the
equation, g/hr = Qs X c, where Qs = volumetric flow
rate of the total effluent in dscm/hr, and c = particulate
concentration in g/dscm.
(51.10) Section 6. Standards of Performance for Nitric Acid Plants
(1) Applicability
The provisions of this section shall apply to each nitric
acid production unit commenced on or after April 9, 1972,
which is the affected facility.
(2) Definitions
As used in this section, all terms not defined herein shall
have the meaning given them in 401 KAR 3:010 and in Section
1(2) of this regulation.
(a) "Nitric Acid Production Unit" means any facility
producing weak nitric acid by either the pressure or
atmospheric pressure process.
(b) "Weak Acid Prodution Unit" Means acid which is thirty
(30) to seventy (70) percent in strength.
'(3) Standard for Nitrogen Oxides.
On and after the date on which the performance test required
to be conducted by Subsection 1(3) of this regulation is
completed, no owner or operator subject to the provisions of
this regulation shall cause to be discharged into the atmos-
phere from any affected facility any gases which:
(a) Contain nitrogen oxides, expressed as NOg, in excess of
1.5 kg per metric ton of acid produced (3.0 Ib per ton),
the production being expressed as 100 percent nitric
acid.
(b) Exhibit ten (10) percent opacity, or greater. Where
the presence of uncombined water is the only reason for
failure to meet the requirements of this paragraph,
such failure will not be a violation of this section.
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(4) Emission Monitoring
(a) There shall be installed, calibrated, maintained, and
operated, in any nitric acid production unit subject to
the provisions of this section, an instrument for contin-
uously monitoring and recording emissions of nitrogen
oxides.
(b) The instrument and sampling system installed and -
used pursuant to this subsection shall be capable of
monitoring emission levels within -20 percent with a
confidence level of ninety-five (95) percent and shall
be calibrated in accordance with the method(s) pre-
scribed by the manufacturers) of $uch Instrument,
the instrument shall be subjected to manufacturers
recommended zero adjustment and calibration procedures
at least once per twenty-four (24) hour operating
period unless the manufacturers) specifies or
recommends calibration at shorter intervals, in which
case such specifications or recommendations shall be
followed. The applicable method specified by the
Department shall be the reference method.
(c) Production rate and hours of operation shall be
recorded daily.
(5) Test Methods and Procedures
(a) The reference methods as defined in Subsection 1(2)
(j), except as provided for in Subsection l(3)(b) of this
regulation, shall be used to determine compliance with
the standard presribed in Subsection (3) of this
section.
(b) The sampling point shall be the centroid of the stack
or duct or at a point no closer to the walls than 1 m
(3.28 ft). Each run shall consist of at least four (4)
grab samples taken at approximately fifteen (15)
minute intervals. The arithmetic mean of the samples
shall constitute the run value. A velocity traverse
shall be performed once per run.
(c) Acid production rate, expressed in metric tons per
hour of 100 percert nitric acid, shall be determined
during each testing period by suitable methods and
shall be confirmed by a material balance over the
production system.
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(d) For each run, nitrogen oxides, expressed in g/metric
ton of 100 percent nitric acid, shall be determined
by dividing the emission rate in g/hr by the acid
production rate. The emission rate shall be deter-
mined by the equation,
g/hr - Qs X c
where Qs= volumetric flow rate of the effluent in
dscm/hr. and c = NO concentration in g/dscm.
/\
(51.18) Section 7. Standards of Performance for Sulfuric Acid Plants
(1) Applicability
The provisions of this section shall apply to each sulfuric
acid production unit commenced on or after April 9, 1972
which is the affected facility.
(2) Definitions
As used in this section, all terms not defined herein shall
have the meaning given them in 401 KAR 3:010 and Subsection
1(2) of this regulation.
(a) "Sulfuric Acid Production Unit" means any facility
producing sulfuric acid by the contact process by burning
elemental sulfur, alkylation acid, hydrogen sulfide,
organic sulfides and mercaptans, or acid sludge, but does
not include facilities where conversion to sulfuric acid
is utilized primarily as a means of preventing emissions
to the atmosphere of sulfur dioxide or other sulfur
compounds.
(b) "Acid Mist" means sulfuric acid mist, as measured by
test methods specified by this Department or an equiva-
lent or alternative method.
(3) Standard for Sulfur Dioxide
On and after the date on which the performance test required
to be conducted by Subsection 1(3) of this regulation is
completed, no owner or operator subject to the provisions of
this section shall cause to be discharged into the atmosphere
from any affected facility any gases which contain sulfur
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dioxide in excess of 2 kg per metric ton of acid produced
(4 Ib. per ton), the production being expressed as 100
percent
(4) Standard for Acid Mist.
On and after the date on which the performance test required
to be conducted by Subsection 1(3) is completed, no owner or
operator subject to the provisions of this section shall
cause to be discharged into the atmosphere from any affected
facility any gases which:
(a) Contain acid mist, expressed as H2$04, in excess of
0.075 kg per metric ton of acid produced (0.15 Ib
per ton), the production being expressed as 100 percent
H2S04.
(b) Exhibit ten (10) percent opacity, or greater. Where the
presence of uncombined water is the only reason for
failure to meet the requirements of this paragraph, such
failure will not be a violation of this subsection.
5) Emission Monitoring.
(a) There shall be installed, calibrated, maintained, and
I operated, in any sulf uric acid production unit subject
to the provisions of this section, an instrument for
continuously monitoring and recording emissions of
sulfur dioxide.
(b) The instrument and sampling system installed and used
pursuant to this subsection shall be capable of monitor-
ing emission levels within -20 percent with a confidence
level of ninety-five (95) percent and shall be calibrated
in accordance with the method (s) prescribed by the
manufacturer(s) of such instrument, the instrument shall
be subject to manufacturers recommended zero adjustment
calibration procedures at least once per twenty-four
(24) hour operating period unless the manufacturers )
specified or recommends calibration at shorter intervals,
in which case such specifications or recommendations
shall be followed. The applicable method specified by
the Department shall be the reference method.
(c) Production rate and hours of operation shall be recorded
daily.
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(6) Test Methods and Procedures
(a) The reference methods as defined in Subsection l(2)(j),
except as provided for in Subsection l(3)(b) of this reg-
ulation, shall be used to determine compliance with the
standards presribed in Subsections (3) and (4) of this
section.
(b) The moisture content can be considered to be zero. For
determination of sulfur dioxide and acid mist the sampling
time for each run shall be at least sixty (60) minutes
and the minimum sample volume shall be 1.15 dscm (40.6 dscf)
except that smaller sampling times or sample volumes,
when necessitated by process variables or other factors,
may be approved by the Department.
(c) Acid production rate, expressed in metric tons per hour
of 100 percent H2S04, shall be determined during each
: testing period by suitable methods and shall be confirmed
by a material balance over the production system.
(d) Acid mist and sulfur dioxide emissions, expressed in
g/metric ton of 100 percent (^$04, shall be determined
by dividing the emission rate in g/hr by the acid pro-
duction rate. The emission rate shall be determined by
the equation, g/hr = Qs X c, where Qs = volumetric
flow rate of the effluent in dscm/hr, and c = acid
mist and S02 concentrations in g/dscm.
(51.8) Section 8. Standards of Performance for Asphalt Concrete Plants
(1) Applicability
The provisions of this section shall apply to each asphalt
concrete plant commenced on or after the effective date of
this regulation, which is the affected facility. For the pur-
pose of this section, an asphalt concrete plant is comprised
only of any combination of the following: Dryers; systems for
screening, handling, storing, and weighing hot aggregate;
systems for loading, transferring, and storing mineral filler;
systems for mixing asphalt concrete; and the loading, transfer
and storage systems associated with emission control systems.
(2) Definitions
As used in this section, all terms not defined herein shall
have the meaning given them in 401 KAR 3:010 and in Section
1(2) of this regulation.
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(a) . "Aspha.lt Concrete Plant" means any facility, as described
in Subsection (1) of this section used to manufacture
asphalt concrete by heating and drying aggregate and mix-
ing with asphalt cements.
(3) Standard for Particulate Matter
(a) On and after the date on which the performance test
required to be conducted by Subsection 1(3) of this regu-
lation is completed, no owner or operator subject to
the provisions of this section shall discharge or cause
the discharge into the atmosphere from any affected
facility any gases which:
1. Contain particulate matter in excess of 90 mg/dscm
(0.04 gr/dscf).
2. Exhibit twenty (20) percent opacity, or greater.
Where the presence of uncombined water is the only
reason for failure to meet the requirements of this
paragraph, such failure shall not be a violation
of this subsection.
(4) Test Methods and Procedures
(a) The reference methods as defined in Subsection l(2)(j)
except as provided for in Subsection l(3)(b) of this
regulation, shall be used to determine compliance with
the standards prescribed in Subsection (3) of this
section as follows.
(b) For determination of concentration of particulate matter,
the sampling time for each run shall be at least sixty
(60) minutes and the sampling rate shall be at least
0.9 dscm/hr (0.53 dscf/min) except that shorter
sampling times, when necessitated by process variables
or other factors, may be approved by the Department.
(51.15) Section 9. Standards of Performance for Petroleum Refineries
(1) Applicability
The provisions of this section shall apply to the following
affected facilities in petroleum refineries commenced on
or after the effective date of this regulation: Fluid
catalytic cracking unit catalyst regenerators, fluid cata-
lytic cracking unit incinerator-waste heat boiler9 arid fuel
gas combustion devices.
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(2) Definitions
As used in this section, all terms not defined herein shall
have the meaning given them in 401 KAR 3:010 and in Sub-
section 1 (2) of this regulation.
(a) "Petroleum Refinery" means any facility engaged in
producing gasoline, kerosene, distillate fuel oils,
residual fuel oils, lubricants, or other products through
distillation of petroleum or reforming of unfinished
petroleum derivatives.
(b) "Petroleum" means the crude oil removed from the earth
and the oils derived from tar sands, shale, and coal.
(c) "Process Gas" means any gas generated by a petroleum
refinery process unit, except fuel gas and process upset
gas as defined in this subsection.
(d) "Fuel Gas" means any gas which is generated by a petroleum
refinery process unit and which is combusted, including
. any gaseous mixture of natural gas and fuel gas which is
combusted.
(e) "Process Upset Gas" means any gas generated by a petroleum
refinery process unit as a result of start-up, shut-down,
upset or malfunction.
(f) "Refinery Process Unit" means any segment of the petroleum
refinery in which a specific processing operation is
conducted.
(g) "Fuel Gas Combustion Device" means any equipment, such
as process heaters, boilers and flares used to combust
fuel gas, but does not include fluid coking unit and fluid
catalytic cracking unit incinerator-waste heat boilers or
facilities in which gases are combusted to produce
sulfur or sulfuric acid.
(h) "Coke Burn-off" means the coke removed from the surface
of the fluid catalytic cracking unit catalyst by com-
bustion in the catalyst regenerator. The rate of coke
burn-off is calculated by a formula specified by the
Department.
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.(3) Standard for Particulate Matter.
(a) On and after the date on which the performance test
required to be conducted by Subsection 1(3) of this regu-
lation is completed, no owner pr operator subject to the
provisions of this section shall discharge or cause the
discharge into the atmosphere from any fluid catalytic
cracking unit catalyst regenerator or from any fluid
catalytic cracking unit incinerator-waste heat boiler:
1. Particulate matter .in excess of 1.0 kg/1000
(1.0 lb/1000 Ib) of coke burn-off in the catalyst
regenerator. .
2. Gases exhibiting thirty (30) percent opacity or
greater, except for three (3) minutes in any one (1)
hour. Where the presence of uncombined water is
the only reason for failure to meet the requirements
of this paragraph, such failure shall not be a
violation of this subsection.
(b) In those instances in which auxiliary liquid or
solid fossil fuels are burned in the fluid catalytic
cracking unit incinerator-waste heat boiler, particular
matter in excess of that permitted by Paragraph (a) 1.
of this subsection may be emitted to the atmosphere,
except that the incremental rate of particulate emissions
shall not exceed 0.18 g/million cal (0.10 Ib/million
BID) of heat input attributable to such liquid or solid
fuel.
(4) Standard for Carbon Monoxide. On and after the date on which
the performance test required to be conducted by Sub-
section 1(3) of this regulation is completed, no owner or
operator subject to the provisions of this section shall
discharge or cause the discharge into t^e atmosphere from
the fluid catalytic cracking unit catalyst regenerator
any gases which contain carbon monoxide in excess of 0.050
percent by volume,
(5) Standard for Sulfur Dioxide.
(a) On and after the date on which the performance test
required to be conducted by-Subsection 1(3) of this
regulation is completed, no owner or operator subject
to the provisions of this section shall burn in any
fuel gas combustion device any fuel gas which contains
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H2S in excess of 230 mg/dscm (0.10 gr/dscf), except
as provided in Paragraph (b) of this subsection.
The combustion of process upset gas in a flare, or the
combustion in a flare of process gas or fuel gas which
is released to the flare as a result of relief valve
leakage, is exempt from this paragraph.
(b) The owner or operator may elect to treat the gases
resulting from the combustion of fuel gas in a manner
which limits the release of S02 to the atmosphere if
it is shown to the satisfaction of the Department
that this prevents S0£ to the atmosphere if it is
shown to the satisfaction of the Department that this
. prevents S02 emissions as effectively as compliance with
the requirements of Paragraph (a) of this subsection.
(6) Emission Monitoring
(a) The owner or operator of any petroleum refinery subject
to the provisions of this section shall install, calibrate,
maintain, and operate monitoring instruments as follows:
1. A photoelectric or other type smoke detector and
recorder to continuously monitor and record the opacity
of gases discharged into the atmosphere from fluid
.catalytic cracking unit catalyst regenerator.
2. An instrument for continuously monitoring and recording
the concentration of CO in gases discharged into the
atmosphere from fluid catalytic cracking unit catalyst
regenerators, except where the requirements of Paragraph
(a) 3 of this subsection are met.
3. Instruments for continuously monitoring and recording
firebox temperature and 02 concentration in the ex-
' haust gases from any incinerator-waste heat boiler
which combusts the exhaust gases from a fluid catalytic
cracking unit catalyst regenerator except where the
requirements of Paragraph (a) 2 of this subsection are
met.
4. An instrument for continuously monitoring and record-
ing concentrations of H2S in fuel gases burned in any
fuel gas combustion device, except where the require-
ments of Subsection (5)(b) of this section are met.
Fuel gas combustion devices have a common source of
. fuel gas may be monitored at one location if sampling
at this location produces results representative of the
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H2S concentration in the fuel gas burned.
5. An instrument for continuously monitoring and recording
concentrations of S02 in the gases discharged into the
atmosphere from the combustion of fuel gases except
where the requirements of Subsection (5)(a) of this section
are met.
(b) Instruments and sampling systems installed and used pursuant
to this subsection shall meet specifications prescribed by
the Department and each instrument shall be calibrated in
accordance with the method prescribed by the manufacturer
of such instrument. The instruments shall be subjected to
the manufacturer's recommended zero adjustment and calibration
procedures at least once per twenty-four (24) hour operating
period unless the manufacturer specifies or recommends cali-
bration at shorter intervals, in which case such specification
or recommendations shall be followed.
(c) The average coke burn-off rate (thousands of kilogram/hr)
and hours of operation for any fluid catalytic cracking unit
catalyst regenerator subject to Subsections (3) or (4) of this
section shall be recorded daily.
(d) For any fluid catalytic cracking unit catalyst regenerator
which is subject to Subsection (3) of this section and which
utilizes an incinerator-waste heat boiler to combust the
exhaust gases from the catalyst regenerator, the owner or
operator, shall record daily the rate of combustion of liquid
or solid fossil fuels (liters/hr or kilograms/hr) and the hours
of operation during which liquid or solid fossil fuels are
combusted in the incinerator-waste heat boiler.
(e) For the purpose of reports pursuant to Section 8 of 401 KAR 3:010,
periods of excess emissions that shall be reported are defined
as follows:
1. Opacity. All hourly periods in which there are four (4)
or more one (1) minute periods during which the average
opacity of the gases discharged into the atmosphere from
any fluid catalytic cracking unit catalyst regenerator
subject to Subsection (3) of this section exceeds thirty
(30) percent. :
2. Carbon Monoxide. All hourly periods during which the
average carbon monoxide concentration in the gases dis-
charged into the atmosphere from any fluid catalytic
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cracking unit catalyst regenerator subject to Subsection
(4) of this section exceeds 0.050 percent by volume; or
any hourly period in which 02 concentration and firebox
temperature measurements indicate that the average concen-
tration of CO in the gases discharged into the atmosphere
exceeds D..050 percent by volume for sources which combust
the exhaust gases from any fluid catalytic cracking unit
catalyst regenerator subject to Subsection (4) of this
section in an incinerator-waste heat boiler and for which
the owner or operator elects to monitor in accordance with
Subsection (6) (a)3 of tKis section.
3. Hydrogen Sulfide. All hourly periods during which the
average hydrogen sulfide content of any fuel gas combusted
in any fuel gas combustion device subject to Subsection
(5) of this section exceeds 230 mg/dscm (0.10 gf/dscf)
except where the requirements of Subsection (5)(b) of this
section are met.
4. Sulfur Dioxide. All hourly periods during which the average
sulfur dioxide emissions discharged into the atmosphere
from any fuel gas combustion device subject to Subsection
(5) of this section exceed the level specified in Subsection
(5)(b) of this section, except where the requirements of
Subsection (5)(a) of this section are met.
(7) Test Methods and Procedures
(a) For the purpose of determining compliance with Subsection (3)
(a) of this section, the reference methods and calculation
procedures prescribed by United States Environmental Protection
Agency.Regulations en Standards of Performance for New Station-
ary Sources (40 CFR 60) shall be used.
(b) For determining concentration of particulate matter release
to the, atmosphere from the fluid catalytic cracking unit
catalyst regenerator, the sampling time for each run shall be
at,least sixty (60) minutes and the sampling rate shall be at
least 0.015 dscm/min (0.53 dscf/min), except that shorter
sampling times may be approved by the Department when process
variables or other factors preclude sampling for at least sixty
(60),minutes.
(c) For exhaust gases from the fluid catalytic cracking unit
catalyst regenerator prior to the emission control system:
the-integrated sample techniques for gas analysis and moisture
content determination, respectively;
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(d) For each run, emissions expressed in kg/1000 kg (English units:
lb/1000 Ib) of coke burn-off in the catalyst regenerator shall
be determined.
(e) In those instances in which auxiliary liquid or solid fuels
are burned in an incinerator-waste heat boiler, the rate of
particulate matter emissions permitted under Subsection (3)
(b) of this section must be determined.. Auxiliary fuel heat
input, expressed in millions of cal/hr (English units: Millions
of BTU/hr) shall be calculated for each run by fuel flow rate
measurement and analysis of the liquid or solid auxiliary fuels.
For each run, the rate of particulate emissions permitted
under Subsection (3)(b) of this section shall be calculated
from an equation prescribed in 40 CFR 60.
(f) For the purpose of determining compliance with Subsection
(4) of this section, the integrated sample technique shall be
used. The sample shall be extracted at a rate proportional to
the gas velocity at a sampling point near the centroid of the
'duct. The sampling time shall not be less than sixty (60)
minutes.
(g) For the purpose of determining compliance with Subsection
(5)(a) of this section, the reference method shall be used.
flhen refinery fuel gas lines are operating at pressures
substantially above atmospheric, the gases samples must be
introduced into the sampling train at approximately atmos-
pheric pressure. This may be accomplished with a flow
control valve. If the line pressure is high^enough to
^operate the sampling train without a vacuum pump7 the pump
may be eliminated from the sampling train. The sample shall
be drawn from a point near the centroid of the fuel gas line.
;The minimum sampling time shall be ten (10) minutes and the
minimum sampling volume 0.01 dscm (0.35 dscf) for each sample.
The arithmetic average of two samples shall constitute one (1)
run. Samples shall be taken at approximately one (1) hour
intervals. For the most fuel gases, sample times exceeding
twenty (20) minutes may result in depletion of the collecting
solution, although fuel gases containing low concentrations of
hydrogen sulfide may necessitate sampling for longer periods
of time.
(h) The method prescribed in 40 CFR 60 shall be used for deter-
mining concentration of SOz in determining compliance with
Subsection (5)(b) of this section, except that H£S concentra-
tion of the fuel gas may be determined instead. The sampling
site for determining S02 concentration shall be the same as
for determining volumetric flow rate. The sampling point
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in the duct for determining S02 concentration shall be
at the centroid of the cross section if the cross sectional
area is less than five (5) square meters (54 square feet)
or at a point no closer to the walls than one (1) meter
(39 inches) if the cross sectional area is five (5) square
meters or more and the centroid is more than one (1) meter
from the wall. The sample shall be extracted at a rate
proportional to the gas velocity at the sampling point. The
minimum sampling time shall be ten (10) minutes and the minimum
sampling volume 0.01 dscm (0.35 dscf) for each sample. The
arithmetic average of two (2) samples shall constitute one (1)
run. Samples shall be taken at approximately one (1) hour
intervals.
(51.16) Section 10. Standards of Performance for Storage Vessels for Petroleum
Liquids
(1) Applicability
(a) The provisions of this section shall apply to each storage
vessel for petroleum liquids commenced on or after the effective
date of this regulation which has a storage capacity greater
than 151,412 liters (40,000 gallons), except as provided
in Paragraph (b) of this subsection.
(b) This section does not apply to storage vessels for the
crude petroleum or condensate stored, processed, and/or
treated at a drilling and production facility prior to
custody transfer.
(c) Those storage vessels for petroleum liquids with a storage
capacity greater than 500 gallons but less than 40,000
gallons shall be equipped with a permanent submerged fill
pipe or vapor recovery system.
(2) Definitions
As used in this section, all terms not defined herein shall have
the meaning given them in 401 KAR 3:010 and Subsection 1 (2)
of this regulation.
(a) "Storage Vessel" means any tank, reservoir, or container used
for the storage of petroleum liquids, but does not include:
1. Pressure vessels which are designed to operate in excess
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of fifteen (15) pounds per square inch gauge without
emissions to the atmosphere except under emergency condi-
tions.
2. Subsurface caverns or porous rock reservoirs, or
3. Underground tanks if the total volume of petroleum liquids
added to and taken from a tank annually does not exceed
twice the volume of the tank.
(b) "Petroleum Liquids" means crude petroleum, condensate, and
any finished or intermediate products manufactured in a
petroleum refinery but does not mean Number 2 through Number
6 fuel oils, gas turbine fuel oil Number 26T through 4-GT,
or diesel fuel oils Numbers 2-D and 4-D as specified by the
Department.
(c) "Petroleum Refinery" means any facility engaged in producing
gasoline, kerosene, distillate fuel oils, residual fuel oils,
lubricants, or other products through distillation of petro-
leum or through redistillation, cracking, or reforming of
unfinished petroleum derivatives.
. . i
(d) "Crude Petroleum" means a naturally occurring mixture which
consists of hydrocarbons and/or sulfur, nitrogen and/or
oxygen derivatives of hydrocarbons and which is a liquid
at standard conditions.
(e) "Hydrocarbon" means any organic compound consisting pre-
dominantly of carbon and hydrogen.
* ' "Condensate" means hydrocarbon liquid separated from natural
gas which condenses due to changes in the temperature and/or
pressure and remains liquid at standard conditions.
(g) "Custody Transfer" means the transfer of produced crude
petroleum and/or condensate, after processing and/or
treating in the producing operations, from storage tanks
or automatic transfer facilities to pipelines or any other
forms of transportation.
(h) "Drilling and Production Facility" means all drilling and
servicing equipment, wells, flow lines, separators, equip-
ment, gathering lines, and auxiliary non-transporation-
related equipment used in the production of crude petroleum
but does not include natural gas plants.
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(i) "True Vapor Pressure" means the equilibrium partial pressure
exerted by a petroleum liquid as determined in accordance
with methods specified by the Department.
(j) "Floating Roof" means a storage vessel cover consisting of
a double deck, pontoon single deck, internal floating
cover or covered floating roof, which rests upon and is
supported by the petroleum liquid being contained and is
equipped with a closure seal or seals to close the space
between the roof edge and tank wall.
(k) "Vapor Recovery System" means a vapor gathering system
capable of collecting all hydrocarbon vapors and gases
discharged from the storage vessel and a vapor disposal
system capable of processing such hydrocarbon vapors and
gases so as to prevent their emission to the atmosphere.
(1) "Reid Vapor Pressure" is the absolute vapor pressure of
volatile crude oil and volatile non-viscous petroleum
liquids, except liquified petroleum gases, as determined
by method specified by the Department.
(m) "Submerged fill pipe" means any fill pipe the discharge of
which is entirely submerged when the liquid level is six (6)
inches above the bottom of the tank; or when applied to
a tank which is loaded from the side, shall mean every
fill pipe the discharge opening of which is entirely
submerged when the liquid level is two (2) times the fill
.pipe diameter above the bottom of the tank.
(3) Standard for Hydrocarbons
(a) The owner or operator of any storage vessel to which this
section applies shall store petroleum liquids as follows:
1. If the true vapor pressure of the petroleum liquid,
as stored, is equal to or greater than 78 mm Hg
(1.5 psia) but not greater than 570 mm Hg (11.1 psia),
the storage vessel shall be equipped with a floating
roof, a vapor recovery system, or their equivalents.
2. If the true vapor pressure of the petroleum liquid
as stored is greater than 570 mm Hg (11.1 psia), the
storage vessel shall be equipped with a vapor re-
. covery system or its equivalent.
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(4). Monitoring of Operations
: (a) The owner or operator'of any storage vessel to which this
section applies shall, for each such storage vessel, main-
tain a file of each type of petroleum liquid stored, of the
typical Reid vapor pressure of each type of petroleum
liquid, stored, and of the dates of storage. Dates on which
the storage vessel is empty shall be shown.
(b) The owner or operator of any storage vessel to which this
section applies shall, for each such storage vessel,
determine and record the average monthly storage tempera-
ture and true vapor pressure of the petroleum liquid
stored at such temperature if:
1. The petroleum liquid has a true vapor pressure, as
stored, greater than 26 mm Hg (0.5 psia) but less than
78 mm Hg (1.5 psia) and is stored in a storage vessel
other than one equipped with a floating roof, a vapor
recovery system or their equivalents; or
2. The petroleum liquid has a true vapor pressure, as
stored, greater than 470 mm Hg (9.1 psia) and is stored
in a storage vessel other than one equipped with a
vapor recovery system or its equivalent.
(c) The average monthly storage temperature is an arithmetic
average calculated for each calendar month, or portion.
thereof if storage is for less than a month, from bulk
liquid storage temperatures determined at least once every
seven (7) days.
(d) The true vapor pressure shall be determined by the procedures
specified by the Department. This procedure is dependent
upon determination of the storage temperature and the Reid
vapor pressure, which requires sampling of the petroleum
liquids in the storage vessels. Unless the Department
requires in specific cases that the stored petroleum
liquid be sampled, the true vapor pressure may be deter-
mined by using the average monthly storage temperature and
the typical Reid Vapor pressure. For those liquids for
which certified specifications limiting the Reid vapor
pressure exist, the Reid vapor pressure may be used. For
other liquids, supporting analytical data must be made
available on request to the Department when typical Reid
Vapor pressure is used.
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(51.17) Section 11. Standards of Performance for Secondary Lead Smelters
(1) Applicability
The provisions of this section shall apply to the following
affected facilities in secondary lead smelters which commenced
on or after the effective date of this regulation: Pot
furnaces of more than 250 kg (550 Ib) charging capacity, blast
(capola) furnaces, and reverberatory furnaces.
(2) Definitions
As used in this section, all terms not defined herein shall
have the meaning given them in 401 KAR 3:010 and in Subsection
1(2) of this regulation.
(a) "Reverberatory Furnace" includes the following types
of reverberatory furnaces: stationary, rotating, rocking
and tilting.
(b) "Secondary Lead Smelter" means any facility producing
lead from a lead-bearing scrap material by smelting to the
metallic form.
(c) "Lead" means elemental lead or alloys in which the
predominant component is lead.
(3) Standard for Particulate Matter.
(a) On and after the date on which the performance test
required to be conducted by Subsection 1(3) of this
regulation is completed, no owner or operator subject
to the provisions of this section shall discharge or
cause the discharge into the atmosphere from a blast
(cupola) or reverberatory furnace any gases which:
1. Contain particulate matter in excess of 50 mg/dscm
(0.022 gr/dscf).
2. Exhibit twenty (20) percent opacity or greater.
(b) On and after the date on which the performance test
required to be conducted by Subsection 1(3) of this
regulation is completed, no owner or operator subject to
the provisions of this section shall discharge or cause
the discharge into the atmosphere from any pot furnace any
gases which exhibit ten (10) percent opacity or
greater.
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(c) Where the presence of uncombined water is the only reason
for failure to meet the requirements of Paragraphs (a) 2,
or (b) of this subsection, such failure shall not be a
violation of this subsection.
(4) Test Methods and Procedures.
(a) The reference methods as defined in Subsection 1 (2) (j),
except as provided for in Subsection l(3)(b) of this
regulation, shall be used to determine compliance with
the standards prescribed in Subsection (3) of this
section.
(b) For determining of the concentration of participate
matter and associated moisture content, the sampling
time for each run shall be at least sixty (60) minutes
and the sampling rate shall be at least 0.9 dscm/hr
(0.53 dscf/min) except that shorter sampling times,
when necesitated by process variables or other factors,
may be approved by the Department. Particulate sampling
shall be conducted during representative periods of
furnace operation, including charging and tapping.
(51.17) Section 12. Standards of Performance for Secondary Brass and Bronze Ingot
Production Plants
(1) Applicability
The provisions of this section shall apply to the following
affected facilites in secondary brass or bronze ingot production
plants which commenced on or after the effective date of this
regulation: Reverberatory and electric furnaces of 1,000 kg
(2,205 Ib) or greater production capacity and blast (cupola)
furnaces of 250 kg/hr (550 Ib/hr) or greater production capacity.
(2) Definitions
As used in this section, all terms not defined herein shall have
the meaning given them in 401 KAR 3:010 and Subsection 1(2) of
this regulation.
(a) "Brass or Bronze" means any metal alloy containing copper
. as its predominant constituent, and lesser amounts of zinc,
tin, lead, or other metals.
(b) "Reverberatory Furnace" includes the following types of
reverberatory furnaces: Stationary, rotating, rocking, and
tilting.
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(c) "Electric Furnace" means any furnace which uses electricity
to produce over fifty (50) percent of the heat required
in the production of refined brass or bronze.
(d) "Blast Furnace" means any furnace used to recover metal
from slag.
(3) Standard for Particulate Matter
(a) On and after the date on which the performance test re-
quired to be conducted by Subsection 1(3) of this reg-
ulation is completed, no owner or operator subject to the
provisions of this section shall discharge or cause the
discharge into the atmosphere from a reverberatory furnace
any gases which:
1. Contain particulate matter in excess of 50/mg/dscm
(0.022 gr/desf).
2. Exhibit twenty (20) percent opacity or greater.
(b) On and after the date on which the performance test
required to be conducted by Subsection 1(3) of this regula-
tion is completed, no owner or operator subject to the
provisions of this section shall discharge or cause the
discharge into the atmosphere from any blast (cupola)
or electric furnace any gases which exhibit ten (10) percent
opacity or greater.
(c) Where the presence of uncombined water is the only reason
for failing to meet the requirements of Paragraphs (a) 2
or (b) of this subsection, such failure shall not be a
violation of this subsection.
(4) Test Methods and Procedures.
(a) The reference methods as defined in Subsection 1 (2) (j)
except as provided for in Subsection l(3)(b) of this
regulation, shall be used to determine compliance with
the standards prescribed in Subsection (3) of this section.
(b) For determining the concentration of particulate matter
and the associated moisture content, the sampling time for
each run shall be at least 120 minutes and the sampling
rate shall be at least 0.9 dscm/hr (0.53 dscf/min) except
that shorter sampling times, when necessitated by process
variables or other factors, may be approved by the
Department. Particulate matter sampling shall be con-
ducted during representative periods of charging and
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refining, but not during pouring of the heat.
(51.17) Section 13. Standards of Performance for Iron and Steel Plants
(1) Applicability
The provisions of this section shall apply to each basic
oxygen process furnace commenced on or after the effective
date of this regulation.
(2) Definitions
As used in this section, all terms not defined herein shall
have the meaning given them in 401 KAR 3:010 and Subsection
1(2) of this regulation.
(a) "Basic Oxygen Process Furnace" (BOPF) means any furance
producing steel by charging scrap steel, hot metal,
and flux materials into a vessel and introducing a high
volume of oxygen-rich gas.
. (b) "Steel Production Cycle" means the operations required
to produce each batch of steel and includes the following
major functions: Scrap charging, preheating (when used);
hot metal charging, primary oxygen blowing, additional
oxygen blowing (when used), and tapping.
(3) Standard for Particulate Matter.
(a) On and after the date on which the performance test required
to be conducted by Subsection 1(3) of this regulation is
completed, no owner or operator subject to the provisions
of this section shall discharge or cause the discharge
into the atmosphere from any affected facility any gases
which:
1. Contain particulate matter in excess of 50 mg/dscm
(0.022 gr/dscf).
(4) Test Methods and Procedures
(a) The reference methods as defined in Subsection 1 (2) (j),
except as provided for in Subsection l(3)(b) of this
regulation, shall be used to determine compliance with
the standards prescribed in Subsection .(3) of this section.
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(b) For determining the concentration of participate matter
and the associated moisture content, the sampling for
each run shall continue for an integral number of cycles
with total duration of at least sixty (60) minutes. The
sampling rate shall be at least 0.9 dscm/hr (0.53 dscf/min)
except that shorter sampling times, when necessitated
by process variables or other factors, may be approved
by the Department. A cycle shall start at the beginning
of either the scrap preheat or the oxygen blow and
shall terminate immediately prior to tapping.
(51.9) Section 14. Standards of Performance for Sewage Treatment Plants
(1) Applicability
The provisions of this section shall apply to each incinerator
commenced on or after the effective date of this regulation
which burns the sludge produced by municipal sewage treatment
facilities.
(2) Definitions
As used in this section, all terms not defined herein shall
have the meaning given them in 401 KAR 3:010 and Subsection
1(2) of this regulation.
(3) Standard for Particulate Matter.
(a) On and after the date on which the performance test
required to be conducted by Subsection 1(3) of this
; regulation is completed, no owner or operator of any
sewage sludge incinerator subject to the provisions of
this section shall discharge or cause the discharge into
the atmosphere of:
1. Particulate matter at a rate in excess of 0.65 g/kg
dry sludge input (1.30 Ib/ton dry sludge input).
2. Any gases which exhibit twenty (20) percent opacity
or greater. Where the presence of uncombined water
is the only reason for failure to meet the require-
ments of this-paragraph, such failure shall not be
a violation of this subsection.
(4) Monitoring of Operations
(a) The owner or operator of any sludge incinerator subject
to the provisions of this section shall:
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1. Install, calibrate, maintain, and operate a flow
measuring device which can be used to determine either
the mass or volumeiof sludge charged to the incinerator.
The flow measuring device shall have an accuracy of
-5 percent over its operating range.
2. Provide access to the sludge charged so that a well-
mixed representative grab sample of the sludge can be
obtained.
i
(5) Test Methods and Procedures
(a) The reference methods as defined in Subsection 1 (2) (j),
except as provided for in Subsection l(3)(b) of this reg-
ulation, shall be used to determine compliance with the
standards prescribed in Subsection (3) of this section.
(b) For determining the concentration of particulate matter and
associated moisture content, the sampling time for each run
shall be at least sixty (60) minutes and the sampling rate
shall be at least 0.015 dscm/min (0.53 dscf/min), except
that shorter sampling times, when necessitated by process
variables or other factors may be approved by the Depart-
ment.
(c) Dry sludge charging rate shall be determined as follows:
1. Determine the mass (Sm) or volume (Sv) of sludge charged
to the incinerator during each run using a flow measur-
ing device meeting the requirements of Subsection (4)
(a) 1 of this section. If total input during a run is
measured by a flow measuring device, such readings shall
be used. Otherwise, record the flow measuring device
readings at five (5) minute intervals during a run.
Determine the quantity charged during each interval by
averaging the flow rates at the beginning and end of
the interval and then multiplying the average for each
interval by the time for each interval. Then add the
quantity charged during the entire run, (Sm) or (Sv).
2. Collect samples of the sludge charged to the incinera-
tor in non-porous collecting jars at the beginning of
each sample the dry sludge content (total solids residue)
in accordance with the method specified by the Depart-
ment.
3. Determine the quantity of dry sludge per unit sludge
charged in terms of either average quantity of dry
sludge per unit volume of sludge charged to the incin-
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erator, or average ratio of quantity of dry sludge to quantity
of sludge charged to the incinerator.
(d) Particulate emission rate shall be determined by a formula
specified by the Department.
(e) Compliance with Subsection (3)(a) of this section shall be
determined according to a formula specified by the Depart-
ment.
(51.21) Section 15. Standards of Performance for Sources Using Organic Solvents
(1) Applicability
(a) The provisions of this section shall apply to any affected
facility using any organic solvents commenced on or
after April 9, 1972.
(b) The provisions of this section shall not apply to:
1. The manufacture of organic solvents or the transport,
loading, or storage of organic solvents or materials
containing organic solvents;
2. The spraying or other employment of insecticides,
pesticides, or herbicides;
3. The employment, application, evaporation or drying of
saturated halogenated hydrocarbons or perch!orethylene;
4. The use of any material, in any affected facility
described in (l)(a) above if the volatile content
consists only of non-photochemically reactive solvent
comprising not more than thirty (30) percent by volume
of the material as applied;
5. The use of any material in any affected facility
described in (l)(a) above if the volatile content
consists only of water and non-photochemically reactive
solvent and the solvent comprises not more than twenty
(20) percent of said volatile content by volume as
applied;
6. The use of equipment for which other requirements are
1 specified by Sections 10, 19, or 20 of this regulation
or which are exempt from air pollution control require-
ments by said sections.
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<2) Definitions
'i
-As used in this section, all terms not defined herein shall
have the meaning given them in 401 KAR 3:010 and Subsection
.' 1(2) of this regulation.
(a) "Affected Facility" means any article, machine, equipment
or other contrivance used for employing or applying:
1. Any organic solvent which is photochemically reactive
or material containing such photochemically reactive
solvent;
2. Any organic solvent, regardless of photochemical
reactivity, which is baked, heat-cured, or heat poly-
merized in the presence of oxygen.
(b) "Organic materials" means chemical compounds of carbon
excluding carbon monoxide, carbon dioxide, carbonic acid,
metallic carbides, metallic carbonates, and ammonium car-
bonate;
(c) "Organic Solvents" means organic materials which are liquids
at standard conditions and which are used as dissolvers,
viscosity reducers, cleaning agents, diluents, or thinners,
except that such materials which exhibit a boiling point
higher than 220 degrees Fahrenheit at 0.5 millimeters mercury
absolute pressure or having an equivalent vapor pressure
shall not be considered to be solvents unless exposed to
temperatures exceeding 220 degrees Fahreneheit;
(d) "Photochemically Reactive Solvent" means any solvent with an
aggregate of more than twenty (20) percent of its total
volume composed of the chemical compounds classifed below or
which exceeds any of the following individual percentage
composition limitations, referred to the total volume
of solvent;
1. A combination of hydrocarbons, alcohols, aldehydes,
esters, ethers, or ketones having an olefinic or
cyclo-olefinic type of unsaturation; five (5) percent;
2. A combination of aromatic compounds with eight (8)
or more carbon etoms to the molecule except
ethyl benzene; eight (8) percent;
3. A combination of ethyl benzene,'ketones having branched
hydrocarbon structures, trichloroethylene ,or toluene;
twenty (20) percent;
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When any organic solvent or any constituent of an organic
solvent may be classified by its chemical structure into more
than one of the above groups of organic compounds, it shall be
considered as a member of the most reactive chemical group,
that is, that group having the least allowable percent of the
total volume of solvents.
(3) Standard for Organic Materials:
(a) No person shall discharge into the open air, from any
affected facility using organic solvents more than forty
(40) pounds of organic materials in any one (1) day, nor
more than eight (8) pounds in any one (1) hour unless said
emissions have been reduced by at least eighty-five (85)
percent by weight.
(b) Those portions of any series of affected facilities designed
for processing a continuous web, strip or wire which emit
organic materials shall be taken collectively to determine
Compliance with this section. Emissions of organic materials
. resulting from air or heated drying of products for the first
twelve (12) hours after their removal from an affected facility
shall be included in determining compliance with this section.
. Further, emissions of hydrocarbons from the clean-up of an
. operation with organic solvent shall be included in deter-
mining compliance with this section. Emissions of organic
. . materials to the atmosphere from the clean-up with photc-
chemically reactive solvent of any affected facility shall
be included with other emissions of organic materials from
that affected facility for determining compliance with this
.section.
(c) Emissions of organic materials into the atmosphere required to
be controlled by Subsections 3(a) or 3(b) shall be reduced by:
1. Incineration, provided that ninety (90) percent or more
of the carbon in the organic material being incinerated
is oxidized to carbon dioxide; or,
2. Absorbing; or,
3. Modifying processing procedures, equipment and/or materials
in such a manner so as to achieve no less than the degree
of control of photochemically reactive solvents required.
The implementation of such modification in lieu of
compliance with Subsections (3)(a) and (3)(b) should
require the express prior approval of the department.
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(d) A person incinerating, absorbing, or otherwise processing
organic materials pursuant to this section shall provide,
properly install and maintain in calibration, in good
working order and in operation, devices as specified in the
permit to construct or the permit to operate, or as
specified by the department, for indicating temperatures,
pressures, rates of flow or other operating conditions
necessary to determine the degree and effectiveness of
air pollution control.
(e) Any person using organic solvents or any material contain-
ing organic solvents shall supply the department", upon
request and in the manner and form prescribed, written
evidence of the chemical composition, physical properties
and amount consumed for each organic solvent used.
(51.14) Section 16. Standards of Performance for Kraft (Sulfate) Pulp Mills
(1) Applicability
The provisions of this section shall apply to recovery furnaces,
lime kilns, and dissolving smelt tanks, commenced on or after
April 9, 1972, which are the affected facilities.
(2) Definitions
As used in this section, all terms not defined herein shall
have the meaning given to them in 401 KAR 3:010 and Subsection
1(2) of this regulation.
(a) "Total Reduced Sulfur (TRS)" means all reduced sulfur
compounds including but not limited to hydrogen sulfide
(H2S).
(3) Standard for Particulate Matter. No person shall cause, suffer,
allow, or permit particulate emissions from any affected
facility in excess of the following:
(a) Recovery Furnace : 2.3 pounds per ton of equivalent
unbleached air dried pulp produced per hour.
(b) Lime Kilns : 1.0 pounds per ton of equivalent unbleached
. : air dried pulp produced per hour.
(c) Dissolving Smelt Tanks : 0.5 pounds psr ton of equivalent
unbleached air dried pulp produced per hour.
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(4) Standard for Total Reduced Sulfur (TRS)
(a) No person shall cause, suffer, allow, or permit total
reduced sulfur emissions from the recovery furnace of
any affected facility in excess of an exit stack gas
concentration of 15 parts per million by volume as a
daily arithmetic average.
(b) No person shall cause, allow, or permit total reduced
sulfur emissions from the recovery furnace of any
affected facility in excess of an exit stack gas con-
centration of forty (40) parts per million by volume
for more than sixty (60) total minutes in any twenty-
four (24) hour period.
(c) No person shall cause, suffer, allow, or permit the
emission of various noncondensable gas streams from
digester relief, blow tank relief evaporator hot
wells, or multiple effect evaporators containing total
reduced sulfur in any affected facility unless treated
by thermal oxidation or an equivalent method.
(d) Control of other points of emission of total reduced
sulfur, shall be considered on an individual basis as
determined by the Department.
(51.14) Section 17. Standards of Performance for Sulfite Pulp Mills
(1) Applicability
The provision of this section shall apply to the total sul-
fite pulp mill commenced on or after April 9, 1972, which
is the affected facility.
(2) Definitions
As used in this section, all terms not defined herein shall
have the meaning given them in 401 KAR 3:010 and Subsection
1(2) of this regulation.
(3) Standards for Sulfur Oxides Emissions
No person shall cause or permit sulfur oxides emissions from
blow pits, washer vents, storage tanks, digester relief,
recovery system, etc., to exceed 9.0 Ib. per air dried ton
of pulp produced. .
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(51.15) Section 18. Standards of Performance for Ethylene Producing Plants
(1) Applicability
The provisions of this section shall apply to the waste gas
streams of any ethylene producing plant commenced on or after
April 9, 1972, which are the affected facilities.
(2) Definitions
As used in this section, all terms not defined herein shall
have the meaning given them in 401 KAR 3:010 and in Subsec-
tion 1(2) of this regulation.
(3) Standard for Hydrocarbons
No person shall emit into the atmosphere a waste gas stream
from any-ethylene producing plant unless the waste gas
stream is subjected to 1,300 degrees Fahrenheit for 0.3
seconds or greater in a direct-flame afterburner or equally
effective catalytic vapor incinerator. Either device must
be equipped with an indicating pyrometer which is positioned
in the working area at the operators eye level.
(51.16) Section 19. Standards of Performance for Oil-Effluent Water Separators
(1) Applicability
The provisions of this section shall apply to any compartment
Of any vessel or device operated for the recovery of oil
from effluent water which recovers 200 gallons a day or more
of any petroleum products from any equipment which processes,
refines, stores, or handles hydrocarbons with a Reid vapor
pressure of 0.5 pounds or greater commenced on or after
April 9, 1972, which is the affected facility. The provi-
sions of this section shall not apply to any oil-effluent
water separator used exclusively in conjunction with the
production of crude oil, if the water fraction of the oil-
water effluent entering the separator contains less than
five (5) parts per million hydrogen sulfide, organic sulfide,
or a combination thereof.
(2) Definitions
(a) As used in this section, all terms not defined herein
shall have the meaning given them in 401 KAR 3:010 and
in Subsection 1(2) of this regulation.
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(b) "Oil-Effluent Water Separator" means any tank, box,
sump, or other container in which any petroleum or pro-
duct thereof, floating on or entrained or contained in
water entering such tank, box, sump or other container,
is physically separated and removed from such water
prior to outfall, drainage, or recovery of such water.
(3) Standard for Hydrocarbons
(a) The emissions of all hydrocarbon vapors and gases shall
be reduced by at least ninety (90) percent by weight,
except when gauging and sampling is taking place.
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DEPARTMENT FOR NATURAL RESOURCES AND
ENVIRONMENTAL PROTECTION
Bureau of Environmental Quality
Division of Air Pollution
(2.0) 401 KAR 3!060 Standards of Performance for Existing Sources
(2.0) Section 1. General Provisions
(1) Applicability
Unless specifically defined in subsequent sections, the
provisions of this regulation shall apply to the owner
or operator of any source which contains any affected
facility which was in being or under construction on or
before April 9, 1972.
(2) Definitions
As used in this regulation, all terms not defined herein
shall have the meaning given them in 401 KARC:010.
. (a) "Standard" means a standard of performance
promulgated under this regulation.
(b) "Source" means one or more affected facilities,
which emits or may emit any air contaminant, con-
tained within a given contiguous property line. The
property shall be considered contigious if separated
only by a public thoroughfare, stream, or other
right of way.
(c) "Affected Facility" means, with respect to a
source, any apparatus to which a standard is
applicable.
(d) "Owner or Operator" means any person who owns,
leases, operates, controls, or supervises an affected
facility or a source of which an affected facility
is a part.
(e) "Construction" means fabrication, erection, or
installation of an affected facility.
(f) "Hydrocarbon" means any organic compound consisting
predominantly of carbon and hydrogen.
(g) "Reference Method" means any method of sampling
and analyzing for an air pollutant as prescribed by
the United States Environmental Protection Agency
regulation on Standards of Performance for New
Stationary Sources (40 CFR 60).
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(h) "Equivalent Method" means any method of sampling
and analyzing for an air pollutant which have been
demonstrated to the United States Environmental
Protection Agency's satisfaction, to have a con-
sistent and quantitatively known relationship to
the reference method, under specified conditions.
(i) "Alternative Method" means any method of sampling
and analyzing for an air pollutant which is not a
reference or equivalent method but which has been
demonstrated to the United States Environmental
Protection Agency's satisfaction to, in specific
cases, produce results adequate for its deter-
mination of compliance.
(j) "Participate Matter" means any finely divided solid
or liquid material, other than uncombined water,
as measured by the reference method or an
equivalent or alternative method.
(k) "Run" means the net period of time during which an
emission sample is collected. Unless otherwise
specified, a run may be either intermittent or
continuous within the limits of good engineering
practice.
(3) Performance Test
(a) 1. Within 120 days after completion a control plan
at an affected facility and at such ether times
as may be required by the Department, the owner
or operator of the affected facilities
specified below shall conduct performance
test(s) and furnish the Department a written
report of the results of such performance
test(s):
a. Process operation with a process weight rate
of 100 tons per hour or more;
b. Indirect heat exchangers of more than 250
million BTU per hour heat inputs
c. Incinerator with a charging rate of more
than forty-five (45) metric tons per day
(50 tons/day);
d. Portland cement plants;
e. Nitric acid plants;
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f. Sulfuric acid plants;
g. Asphalt concrete plants;
h. Petroleum refineries.
2. The Department may require the owner or operator
of an affected facility not specified in
Paragraph (a)l of this subsection to conduct
performance tests and furnish a written report
of the results of such performance test(s), as
required by this subsection.
(b) Performance tests shall be conducted and data reduced
in accordance with the test methods and procedures
contained in each applicable section unless the
Department:
1. Specifies or approves, the use of a reference
method with minor changes in methodology;
2. Approves the use of an equivalent method;
3. Approves the use of an alternative method the
results of which it has determined to be
adequate for indicating whether a specific
source is in compliance, or;
4. Waives the requirement for performance tests
because the owner or operator of a source has
demonstrated to the Department's satisfaction
that the affected facility is in compliance
with the standard. Nothing in this paragraph
shall be construed to abrogate the Department's
authority to require testing under 401 KAR
3:010.
(c) The owner.or operator shall permit the Department
to conduct performance tests at any reasonable time,
shall .cause the affected facility to be operated
for purposes of such tests under such conditions
as the Department may specify based on represen-
tative performance of the affected facility, and
shall make available to the Department such records
as may be necessary to determine such performance.
(d) The owner or operator of an affected facility shall
provide the Department ten (10) days prior notice
of the performance test to afford the Department the
opportunity to have an observer present.
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(e) The owner or operator of an affected facility shall
provide, or cause to be provided, performance
testing facilities as follows:
1. Sampling ports adequate for test methods
applicable to such facility;
i
2. Safe sampling platform(s);
3. Safe access to sampling platform(s);
4. Utilities for sampling and testing equipment.
(f) Each performance test shall consist of three (3)
separate runs using the applicable test method.
Each run shall be conducted for such time and under
such conditions specified in the applicable
standard. For the purpose of determining compliance
with an applicable standard, the arithmetic mean of
the results of the three (3) runs shall apply. In
the event that a sample is accidentally lost or
conditions occur in which one (1) of the three (3)
runs must be discontinued because of forced shutdown,
failure of an irreplaceable portion of the sample
train, extreme meteorological conditions, or other
circumstances, beyond the owner or operator's
control, compliance may, upon the Department's
approval, be determined using the arithmetic mean
of the results of the two (2) other runs.
(4) Ambient Air Monitoring
Persons owning or operating any affected facility for
which a standard is prescribed in this regulation when
required by the Department shall install, use, and main-
tain ambient air monitoring equipment in accordance
with methods prescribed in United States Environmental
Protection Agency Regulations on National Primary and
Secondary Ambient Air Quality Standards (40 CFR 50) and
in such number and frequency prescribed by the Department,
and shall make periodic ambient air monitoring reports
at intervals prescribed by the Department.
(5) Compliance with standards and maintenance requirements.
(a) Compliance with standards in this regulation, other
than opacity standards, shall be determined only
by performance tests established by Subsection (3)
of this section.
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(b) Compliance with opacity standards in this regulation
shall be determined by conducting observations in
accordance with the reference method as defined in
Subsection 1 (2) (g). Opacity readings of portions
of plumes which contain condensed, uncombined water
vapor shall not be used for purposes of determining
compliance with opacity standards. The results of
continuous monitoring by transmissometer which
indicate that the opacity at the time visual obser-
vations were made was not in excess of the standard
are probative but not conclusive evidence of the
actual opacity of an emission, provided that the
source shall meet the burden of proving that the
instrument used meets (at the time of the alleged
violation), performance specification as required by
the Department, has been properly maintained and
(at the time of the alleged violation) calibrated,
and that the resulting data have not been tampered
with in any way.
(c) The opacity standards set forth in this regulation
shall apply at all times except during periods of
startup, shutdown, malfunction, and as otherwise
provided in the applicable standard.
(d) At all times, including periods of startup, shutdown,
and malfunction, owners and operations shall, to
the extent practicable, maintain and operate any
affected facility including associated air pollution
control equipment in a manner consistent with good
air pollution control practice for minimizing
emissions. Determination of whether acceptable
operating and maintenance procedures are being used
will be based on information available to the
Department which may include, but is not limited to,
monitoring results, opacity observations, review of
operating and maintenance procedures, and inspection
of the source.
(e) 1. An owner or operator of an affected facility may
request the Department to determine opacity of
emissions from the affected facility during the
initial performance tests required by Subsection
(3) of this section.
2. Upon receipt from such owner or operator of the
written report of the results of the performance
tests required by Subsection (3) of the section,
the Department will make a finding concerning
compliance with opacity and other applicable
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standards. If the Department finds that an
affected facility is in compliance with all
applicable standards for which performance tests
are conducted in accordance with subsection
(3) of this section, but during the time such
performance tests are being conducted fails to
meet any applicable opacity standard, the
Department shall notify the owner or operator
and advise it that it may petition the Department
within ten (10) days of receipt of notification
to make appropriate adjustment to the opacity
standard for the affected facility.
3. The Department will grant such a petition upon
a demonstration by the owner or operator that
the affected facility and associated air
pollution control equipment was operated and
maintained in a manner to minimize the opacity
of emissions during the performance tests; that
the performance tests were performed under the
conditions established by the Department; and
that the affected facility and associated air
pollution control equipment were incapable of
being adjusted or operated to meet the applicable
opacity standard.
(6) Circumvention
No owner or operator subject to the provisions of the
regulation shall build, erect, install, or use any article,
machine, equipment or process, the use of which conceals
an emission which would otherwise constitute a violation
of an applicable standard. Such concealment includes,
but is not limited to, the use of gaseous diluents to
achieve compliance with an opacity standard or with a
standard which is based on the concentration of a pollutant
in the gases discharged to the atmosphere.
(51.9) Section 2. Standards of Performance for Incinerators
(1) Applicability
1 The provisions of this section are applicable to e?.ch
incinerator with a capacity of 2.5 cubic feet or greater,
which is the affected facility, and which was in being
or under construction before April 9, 1972.
(2) Definitions
As used in this section» all terms not defined herein
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shall have the meaning given them in 401 KAR 3:010 and
in Subsection 1(2) of this regulation.
(a) "Incinerator" means any furnace and appurtenances
thereto used in the process of burning waste for
the primary purpose of removing the combustible
matter from the waste;
(b) "Teepee Burner" means a truncated, conical shaped
metal structure designed to burn efficiently wood
dust, shavings, chips and/or bark to an incombustible
residue at a specified rate;
(c) "Classification of Wastes" means the numerical type
designation given to waste depending on its com-
position as follows:
1. Type 0 - Trash, a mixture of highly combustible
waste such as paper, cardboard, cartons, wood
boxes, and combustible floor sweepings, from
commercial and industrial activities. The
mixtures contain up to ten (10) percent by
weight of plastic bags, coated paper, laminated
paper, treated corrugated cardboard, oily rags
and plastic or rubber scraps. This type of
waste contains ten (10) percent moisture, five
(5) percent incombustible solids and has a
heating value of 8500 BTU per pound as fired.
2. Type 1 - Rubbish, a mixture of combustible
waste such as paper, cardboard cartons, wood
scrap, foliage and combustible floor sweepings,
from domestic, commercial and industrial
activities. The mixture contains up to twenty
(20) percent by weight of restaurant or
cafeteria waste, but contains little or no
treated papers, plastic or rubber wastes. This
type of waste contains twenty-five (25)
percent moisture, ten (10) percent incombustible
solids and has a heating value of 6500 BTU per
pound as fired.
3. Type 2 - Refuse consisting of an approximately
even mixture of rubbish and garbage by weight.
This type of waste is common to apartment and
residential occupancy, consisting of up to
fifty (50) percent moisture, seven (7) percent
incombustible solids, and has a heating value
of 4300 BTU per pound as fired.
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4. Type 3 - Garbage, consisting of animal and
vegetable wastes from restaurants, cafeterias,
hotels, hospitals, laboratories, markets and
like installations. This type of waste contains
up to seventy (70) percent moisture, up to five
(5) percent incombustible solids, and has a
heating value of 2500 BTU per pound as fired.
5. Type 4 - Human and animal remains, consisting
of carcases, organs and solid organic wastes
from hospitals, laboratories, abattoirs, animal
pounds, and similar sources, consisting of
up to eighty-five (85) percent moisture, five
(5) percent incombustible solids, and having a
heating value of 1000 BTU per pound as fired.
6. Type 5 - By-product waste, gaseous, liquid or
semi-liquid, such as tar, paints, solvents,
sludge, fumes, etc., from industrial operations.
BTU values must be determined by the individual
materials to be destroyed. '
7. Type 6 - Solid by-product waste, such as
rubber, plastics, wood waste, etc., from indus-
trial operations. BTU values must be determined
by the individual materials to be destroyed.
(d) "Auxiliary Fuel" means a substance burned in an
incinerator to supply additional heat to attain
temperature sufficiently high to dry and ignite waste
and to maintain ignition of the waste but which is
never in contact with the waste.
(3) Standard for Particulate Matter
(a) No person shall cause, suffer, allow, or permit the
emission produced by the incineration of any sub-
stance other than sawdust, wood chips, or bark which:
1. Is greater than twenty (20) percent opacity; or,
2. Exceeds 0.20 grains of particulate matter per
standard cubic foot of dry flue gas corrected to
twelve (12) percent carbon dioxide excluding the
contribution of carbon dioxide from auxiliary
fuel.
(b) No person shall cause, suffer, allow or permit the
emission.produced by the incineration of sawdust,
wood chips, or bark which;
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1. Is equal to or greater than forty (40) percent
opacity, except that an emission equal to or
greater than forty (40) percent opacity shall
be permissible for not more than one (1) hour
in any eight (8) hour period; or,
2. Exceeds 0.21 grains of particulate matter per
standards cubic foot of dry flue gas corrected
to twelve (12) percent carbon dioxide excluding
the contribution of carbon dioxide from
auxiliary fuel.
(4) Monitoring of Operations
The owner or operator of any incinerator of more than
forty-five (45) metric tons per day charging rate (50
tons per day) subject to the provisions of this regula-
tion shall record the daily charging rates and hours of
operation.
(51.5) Section 3. Standards of Performance for Indirect Heat Exchangers
(51.6) (1) Applicability
The provisions of this section are applicable to each
indirect heat exchanger of more than one (1) million
BTU per hour heat input or of more than fifty (50)
million BTU per hour heat input if natural gas, liquid
petroleum gas, distillate fuel oil or combination of
these as a main or standby fuel, is burned which is the
affected facility. The standard for particulate matter
is applicable to each affected facility which was in
being or under construction before April 9, 1972. The
standard for sulfur dioxide is applicable to each
affected facility which was in being or under construc-
tion before the effective date of this regulation. The
combined total heat input capacity of all affected
facilities shall be used to determine the total allowable
emissions from a source.
(2) Definitions
As used in this section, all terms not defined herein
shall have the meaning given them in 401 KAR 3:010 and
in Subsection 1(2) of this regulation.
(a) "Fuel" means natural gas, petroleum, coal, wood,
and any form of solid, liquid or gaseous fuel
derived from such materials for the purpose of
creating heat.
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(b) "Indirect Heat Exchanger" means any piece of
equipment, apparatus or contrivance used for the
combustion of fuel in which the energy produced is
transferred to its point of usage through a
medium that does not come in contact with or add
to the products of combustion.
(3) Standard for Particulate Matter
. (a) No person shall cause, suffer, allow or permit the
emission into the open air of particulate matter
from any indirect heat exchanger in a region
classified as Priority I with respect to particulate
matter which is greater than twenty (20) percent
opacity.
(b) No person shall cause, suffer, allow or permit the
emission into the open air of particulate matter
from any indirect heat exchanger in a region
classified as Priority II or Priority III with
respect to particulate matter which is greater than
forty (40) percent opacity.
(c) The provisions of Subsections (1) and (2) shall
not apply to:
1. Emissions into the open air of particulate matter
from any indirect heat exchanger during building
a new fire, cleaning the fire box, or blowing
soot, for a period or periods aggregating not
more than:
a. Two (2) minutes in any sixty (60) minutes
which is less than or equal to forty (40)
percent opacity for indirect heat exchangers
; described in Subparagraph (a);
Six (6) minutes in any sixty (60) minutes
which is less than or equal to sixty (60)
percent opacity for indirect heat exchangers
described in Subparagraph (b).
2. During emergency conditions caused by an
unavoidable breakdown provided the Department is
notified promptly.
3. Emissions from each waterwall indirect heat
exchanger during startup operations.
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(d) No person shall cause, suffer, allow or permit the
emission of particulate matter from indirect heat
exchangers if the particulate matter emitted exceeds
the quantity specified in Table 1 which is incor-
porated as part of this regulation.
(e) Exceptions
The emission limitations contained in other sub-
sections of this section shall not apply to those
indirect heat exchangers which were in compliance
prior to April 9, 1972 with, or have valid permits
to operate within, the provisions of the previous
Kentucky Air Pollution Control Commission Regulation
No. 7 entitled "Prevention and Control of Emissions
of Particulate Matter from Combustion of Fuel in
Indirect Heat Exchangers." these sources shall
comply with the emission limitations contained in
that regulation.
TABLE 1
MAXIMUM PARTICULATE EMISSION RATES -
POUNDS PER MILLION BTU INPUT
MM BTU/Hour
Heat Input
10 or less
50
100
250
500
1000
2500
5000
7500
10000 or more
AIR
Priority I
0.56
0.38
0.33
0.26
0.22
0.19
0.15
0.13
0.12
0.11
QUALITY CONTROL
Priority II
. 0.75
0.52
0.44
0.35
0.30
0.26
0.21
0.18
0.16
0.15
REGION
Priority III
0.80
0.57
0.49
0.34
0.34
0.30
0.24
0.21
0.19
0.18
Interpolation of allowable emissions for intermediate heat input values
not specified in the table above may be accomplished by use of the
equations shown below for the appropriate fuel and heat input range
specified. In all equations X - millions of BTU per hour heat input
and Y = allowable particulate emissions in pounds per million BTU heat
input.
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FACILITY AND PA&TICULATE RANGE ALLOWABLE
CLASSIFICATION (MM BTU/Hour) (Pounds/MM BTU)
Priority I 10 to 10,000 Y = 0.9634 X '°-2356
Priority II 10 to 10,000 Y = 1.2825 X "°-2330
Priority III 10 to 10,000 Y = 1.3152 X "°-2159
(4) Standard for Sulfur Dioxide
(a) The maximum allowable emission of sulfur dioxide from
indirect heat exchangers shall be in accordance with
a system of priorities as specified in paragraph (b)
of this subsection. The classifications shall be de-
;.''' lineated on a county basis. The maximum allowable
emission for the various classes is specified in
paragraph (d) of this subsection.
(b) The class into which a given county falls has been
determined by mathematical atmospheric diffusion
models and other methods which evaluate those factors
which necessitate limitations on sulfur dioxide
emissions. These factors include but were not
limited to:
1. Total sulfur dioxide emissions;
2. Spatial distribution of sulfur dioxide sources;
3. Effects of single large sources;
4. Existing measured air quality;
5. Topographical features of the county;
6. Contribution to background levels.
(c) The following classifications will be effective upon
the effective date of this regulation:
1. Class I: Jefferson County, McCracken County;
2. Class II: Bell County, Clark County, Woodford
County;
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3. Class III: Pulaski County;
4. Class IV: Muhlenberg County, Webster County,
Hancock County;
5. Class V: All other counties.
(d) No person shall cause, suffer, allow or permit the
emission of sulfur dioxide into the open air from
any existing indirect heat exchanger, in various
counties if the sulfur dioxide emitted exceeds the
quantity specified in Table 2 which is incorporated
as part of this regulation.
(e) When different fuels are burned simultaneously in
any combination, the applicable standard shall be
determined by proration using the following formula:
Allowable S0? emission, Ib/MM BTU = y (a) * z (b)
y + z
Where:
y is the percent of total heat input derived from
liquid fuel;
z is the percent of total heat input derived from
solid fuel;
a is the allowable sulfur dioxide emission iv\ pounds
per million BTU heat input derived from liquid fuel;
and
b is the allowable sulfur dioxide emission in pounds
per million BTU heat input derived from solid fuel.
(f) Compliance shall be based on the total heat input
from all fuels burned, including gaseous fuels.
i
(g) Each affected facility not presently in compliance
with this section shall submit a control plan and
compliance schedule no later than January 1, 1976,
with a final compliance date no later than July 1,
1977.
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TABLE 2
ALLOWABLE SULFUR DIOXIDE EMISSIONS BASED ON HEAT INPUT CAPACITY
ro
i
ALLOWABLE EMISSION POUND/MM
COUNTIES
CLASS I
10 or less
50
100
150
200
250 or greater
LIQUID
3.0
1.5
1.2
1.0
0.9
0.8
SOLID
5
2.4
1.8
1.5
1.3
1.2
COUNTIES
CLASS II
LIQUID
4.0
2.2
1-7
1.5
1.3
1.2
SOLID
6.0
3.3
2.5
2.2
2.0
1.8
COUNTIES
CLASS III
LIQUID
4.6
3.1
2.6
2.4
2.2
2.1
SOLID
7.0
4.7
4.0
3.6
3.4
3.2
BTU
COUNTIES
CLASS IV
LIQUID
5.4
4.3
4.0
3.7
3.6
3.5
SOLID
8.0
6.4
5.9
5.6
5.4
5.2
COUNTIES
CLASS V
LIQUID
6.0
4.9
4.5
4.3
4.1
4.0
SOLID
9.0
7.3
6.7
6.4
6.2
6.0
Interpolation of allowable emissions for rated capacity values between 10 and 250 million BTU heat Input may be accomplished by use of the
equations shown below for the appropriate fuel specified. In all equations Y = allowable sulfur dioxide emission In pounds per million BTU
heat Input and X = millions of BTU per hour heat Input capacity rating.
-------
COUNTY CLASS FUEL ALLOWABLE (Pounds/Ml BTU)
Liquid Y « 7.7223 X -°-4106
Solid Y - 13.8781 X °-4*3*
Liquid Y = 9.4644 x '0-3740
Solid Y = 14.1967 X °-3740
Liquid Y 8.060 X 'P-2436
Solid Y = 12.2539 X '
Liquid Y * 7.3639 X -0-1347
IV
Solid Y - 10.8875 X -°-1338
Liquid Y -8.0189 X -°-1260
V
Solid Y 12.0284 X -0.1260
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(4) Emission and Fuel Monitoring
(a) There shall be installed, calibrated, maintained,
and operated, in any indirect heat exchanger of more
than 250 million BTU per hour heat input subject to
the provisions of this section, emission monitoring
instruments as follows:
1. A photoelectric or other type smoke detector and
recorder, except where gaseous fuel is the only
fuel burned.
2. An instrument for continuously monitoring and re-
cording sulfur dioxide emissions, except where
gaseous fuel is the only fuel burned, or where
compliance is achieved through low sulfur fuels
and representative sulfur' analysis of fuels are
conducted daily in accordance with Paragraph (c)
or (d) of this subsection.
(b) Instruments and sampling systems installed and used
pursuant to this section shall be capable of moni-
toring emission levels within +_ 20 percent with a
confidence level of 95 percent and shall be cali-
brated in accordance with the method(s) prescribed
by the manufacturer(s) of such instruments; instru-
ments shall be subjected to manufacturers recom-
mended zero adjustment and calibration procedures at
least once per twenty-four (24) hour operating
period unless the manufacturers) specifies or re-
commends calibration at shorter intervals, in which
case such specifications or recommendations shall
be followed. The applicable method specified by the
Department shall be the reference method.
(c) The sulfur content of solid fuels, as burned, shall
be determined in accordance with the methods speci-
fied by the Department.
(d) The sulfur content of liquid fuels, as burned, shall
be determined in accordance with the methods speci-
fied by the Department.
(e) The rate of fuel burned for each fuel shall be
measured daily or at shorter intervals and recorded.
The heating value and ash content of fuels shall be
ascertained at least once per week and recorded.
Where the steam generating unit is used to generate
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electricity, the average electrical output and the
minimum and maximum hourly generation rate shall be
measured and recorded daily.
(f) The owner or operator of any indirect heat exchanger
of more than 250 million BTU per hour heat input sub-
ject to the provisions of this section shall main-
tain a file of all measurements required by this re-
gulation. Appropriate measurements shall be reduced
to the units of the applicable standard daily, and
summarized monthly. The record of any such measure-
ment(s) and summary shall be retained .for at least
two (2) years following the date of such measure-
ments and summaries.
(g) The Department may require for any indirect heat
exchanger of less than 250 million BTU per hour heat
input any or all the emission and fuel monitoring
required by this subsection.
(h) A source may elect, with approval from the Department,
to perform periodic source sampling in lieu of in-
stalling continuous emission monitoring instruments.
In np case shall the frequency of sampling be less
than once per calendar quarter. (This section is
disapproved in that emission limits prescribed for
Boyd County are not adequate.)
(50.1.1) Section 4. Standards of Performance for Process Operations
(1) Applicability .
the provisions of this section shall apply to each pro-
cess operation not otherwise regulated by other sections
of this regulation and which was in being or under con-
struction before the effective date of this regulation.
(2) Definitions
As used in this section, all terms not defined herein
shall have the meaning given them in 401 KAR 3:010 and in
Subsection 1(2) of this regulation.
(a) "Process Operation" means any method, form, action,
operation or treatment of manufacturing or pro-
cessing, and shall include any storage or handling
of materials or products, before, during, or after
manufacturing or processing;
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(b) "Process Weight" means the total weight of all
materials introduced into any affected facility which
may cause any emission of particulate matter, but
does not include liquid and gaseous fuels charged,
combustion air, or uncombined water.
(c) "Process Weight Rate" means a rate established as
follows:
1. For continuous or long-run steady state opera-
tions, the total process weight for the entire
period of continuous operation or for a typical
portion thereof, divided by the number of hours
of such period or portion thereof;
2. For cyclical or batch unit operations, or unit
processes, the total process weight for a period
that covers a complete operation or an integral
number of cycles, divided by the hours of actual
process operation during such a period.
Where the nature of any process operation or the
design of any equipment is such as to permit more
than one interpretation of this definition, the
interpretation which results in the minimum value
for allowable emission shall apply.
(d) "Affected Facility" as related to process operations
means the last operation preceding the emission of
air contaminants which results:
1. In the separation of the air contaminant from the
process materials; or,
2. In the conversion of the process materials into
the air contaminants, but does not include an
air pollution abatement operation.
(3) Standard for Paniculate Matter
(a) No person shall cause, suffer, allow or permit the
emission into the open air of particulate matter
from affected facility, or from all air pollution
control equipment installed on any affected facility
which:
1. Is equal to or greater than forty (40) percent
opacity; or
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2. Is in excess of the quantity specified in Table
3 of this regulation.
(b) An affected facility may elect to substitute the
following standards in lieu of the value given in
Table 3:
1. A maximum exit particulate emission concentration
of 0.02 grains per standard cubic foot; and
2. Air Pollution control equipment of at least
ninety-seve (97) percent actual efficiency;
3. Addition of dilution air shall not constitute
compliance
(51.14) Section 5. Standards of Performance for Kraft (Sulfate) Pulp Mills
(1) Applicability
The provisions of this section shall apply to recovery
furnaces, lime kilns, and dissolving smelt tanks which
were in being or under construction before April 9, 1972.
(2) Definitions
(a) As used in this section, all terms not defined herein
shall have the meaning given to them in 401 KAR 3:010
and in Subsection 1(2) of this regulation.
(b) "Total Reduced Sulfur (TRS)" means all reduced sulfur
compounds including but not limited to hydrogen
sulfide (H2S), methyl mercaptan, dimethyl sul fide
and dimethyl di sul fide expressed in terms of hydro-
gen sulfide
(3) Standard for Parti cualte Matter
No person shall cause, suffer, allow, or permit parti-
culate emissions from existing equipment of any kraft
pulp mill in excess of the following:
(a) Recovery Furnace : 3.5 pounds per ton of
equivalent unbleached air
dried pulp produced per
hour
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(b) Lime Kilns : 1.0 pounds per ton of
equivalent unbleached air
dried pulp produced per
hour
(c) Dissolving Smelt Tanks : 0.5 pounds per ton of equi-
valent unbleached air
dried pulp produced per
1 hour
(4) Standard for Total Reduced Sulfur (TRS)
(a) No person shall cause, suffer, allow, or permit
total reduced sulfur emissions from the recovery
furnace of any kraft pulp mill in excess of exit
stack gas concentration of fifteen (15) parts per
million by volume as a daily arithmetic average.
(b) No person shall cause, allow, or permit total re-
duced sulfur emissions from the recovery furnace of
any kraft pulp mill in excess of exit stack gas con-
centration of forty (40) parts per million by
volume for more than sixty (60) total minutes in any
twenty-four (24) hour period.
(c) No person shall cause, suffer, allow, or permit the
emission of various noncondensable gas streams from
digester relief, blow tank relief evaporator hot
wells, or mulitple effect evaporators containing
total reduced sulfur in a kraft pulp mill unless
treated by thermal oxidation or an equivalent method
with ninety-eight (98) percent efficiency.
(d) Control of other points of emission of total reduced
sulfur, shall be considered on an individual basis
as determined by the Departments.
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TABLE 3
ALLOWABLE RATE OF PARTICULATE EMISSION
BASED ON PROCESS WEIGHT
PROCESS WEIGHT RATE MAXIMUM ALLOWABLE
PROCESS WEIGHT RATE EMISSION RATE
Lb/Hr.
100 or less
200
400
' 600
800
1,000
1,500
2,000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
9,000
10,000
12,000
16,000
18,000
20,000
30,000
40,000
50.000
50,000
70,000
80,000
90,000
100,000
120.000
140,000
160,000
200,000
1,000,000
2,000,000 1.
6,000.000 3,
Tons/Hr.
0.05 or less
0.10
0.20
0.30
0.40
.0.50
0.75
1.00
1.25
1.50
1.75
2.00
2.50
.3.00
3.50
4.00
4.50
5.00
6.00
8.00
9.00
10.00
15.00
20.00
25.00
30.00
35.00
40.00
45.00
50.00
60.00
70.00
80.00
100.00
500.00
000.00
000.00
Interpolation of the data for process weight rates
shall be accomplished by use of the equation E « 4
polatlon and extrapolation
of the data for process
Lb/Hr.
0.551
0.877
1.40
1.83
2.22
2.58
3.38
4.10
4.76
5.38
5.96
6.52
7.58
8.56
9.49
10.4
11.2
12.0
13.6
16.5
17.9
19.2
25.2
30.5
35.4
40.0
41.3
42.5
43.6
44.6
46.3
47.8
49.1
51.3
69.0
77.6
92.7
up to 60,000 Ib/hr.
.10 P*}.o7 and Inter-
weight rates 1n
excess of 60.000 Ib/hr. shall be accomplished by use of the equation
E « 55.0 pO-il - 40, where
weight rate 1n tons/hr.
E « rate of emission 1n
Ib/hr. and P process
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(51.14) Section 6. Standards of Performance for Sulfite Pulp Mills
(1) Applicability
The provisions of this section shall apply to the total
sulfite pulp mill which was in being or under construction
before April 1972.
(2) Definitions
As used in this section, all terms not defined herein
shall have the meaning given them in 401 KAR 3:010 and
in subsection 1(2) of this regulation.
(3) Standard for Sulfur Oxides Emissions
No person shall cause or permit sulfur oxides emissions
from blow pits, washer vents, storage tanks, digester
relief, recovery system, etc., to exceed 9.0 Ib. per air
dried ton of pulp produced.
(51.18) Section 7. Standards of Performance for Sulfuric Acid Plants
(1) Applicability
The provisions of this section shall apply to existing
installations of sulfuric acid plants which were in'
being or under construction before April 9, 1972.
(2) Definitions
As used in this section, all terms not defined herein
shall have the meaning given them in 401 KAR 3:010 and in
Subsection 1(2) of this regulation.
(3) Standard for Particulate Matter
No person shall cause, suffer, allow, or permit the
following emission into the open air:
(a) Sulfuric acid mist in the effluent in excess of 0.90
pound per ton of acid (100%) produced;
(b) A visible emission which is greater than twenty (20)
percent opacity.
(4) Standard for Sulfur Dioxide
No person shall cause, suffer, allow or permit the
following emission into the open air: sulfur dioxide in
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the effluent in excess of 27.6 pounds per ton of acid
(100%) produced.
(5) Emission Monitoring
(a) There shall be installed, calibrated, maintained,
and operated, in any sulfuric acid production unit
subject to the provisions of this section, an instru-
ment for continuously monitoring and recording
emissions of sulfur dioxide.
(b) The instrument and sampling system installed and
used pursuant to this subsection shall be demon-
strated to be capable of monitoring emission levels
within +_ 20 percent with a confidence level of 95
percent through comparison with an appropriate wet
test method, and shall be calibrated in accordance
with the method(s) prescribed by the manufacturer(s)
of such instrument, the instrument shall be subject
to manufacturers recommended zero adjustment cali-
bration procedures at least once per twenty-four
(24) hour operating period unless the manufacturer(s)
specifies or recommends calibration at shorter
intervals, in which case such specifications or
recommendations shall be followed. The applicable
method specified by the Department shall be the
reference method.
(c) Production rate and hours of operation shall be
recorded daily.
(d) The owner or operator of a sulfuric acid plant sub-
ject to the provisions of this section shall main-
tain a file of all measurements required by the re-
gulation. Appropriate measurements shall be reduced
to the units of the applicable standard daily, and
summarized monthly. The record of any such measure-
ment(s) and summary shall be retained for at least
two (2) years following the date of such measurements
and summaries.
(51.15) Section 8. Standards of Performance for Process Gas Streams
(1) Applicability
The provisions of this section shall apply to petroleum
refineries, by-produce coke plants, and any other process,
located in a region classified as Priority I with respect
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to sulfur dioxide and which were in being or under con-
struction before April 9, 197?. .
(2) Definitions
As used in this section, all 'terms not defined herein
shall have the meaning given them in 401 KAR 3:010 and in
Subsection 1(2) of this regulation
(3) Standard for Hydrogen Sulfide
No person shall cause, suffer, allow or permit the emis-
sion of H2S in a process gas stream to exceed ten (10)
grains per 100 cubic feet of gas.
(4) Standard for Sulfur Dioxide
No person shall cause, suffer, allow, or permit the emis-
sion of sulfur dioxide in a process gas stream to exceed
2000 parts per million by volume.
(51.15) Section 9. Standards of Performance for Ethylene Producing Plants
(1) Applicability
The provisions of this section shall apply to the waste
gas streams of ethylene producing plants which were in
being or under construction before April 9, 1972, and
which are located in a region classified as Priority I
with respect to photochemical oxidants (and hydrocarbons).
(2) Definitions
As used in this section, all terms not defined herein
shall have the meaning given them in 401 KAR 3:010 and
in Subsection 1(2) of this regulation.
(3) Standard for Hydrocarbons
No person shall emit into the atmosphere a waste gas
stream from any ethylene producing plant unless the waste
gas stream is subjected to 1,300 degrees Fahrenheit for
0.3 seconds or greater in a direct-flame afterburner or
equally effective catalytic vapor incinerator. Either
device must be equipped with an indicating pyrometer
which is positioned in the working area at the operators
eye level.
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(51.16) Section 10. Standards of Performance for Oil-Effluent Water Separators
(1) Applicability
The provisions of this section shall apply to any compart-
ment of any vessel or device operated for the recovery of
oil from effluent water which recovers 200 gallons a day
or more of any petroleum products from any equipment which
processes, refines, stores, or handles hydrocarbons with
a Reid vapor pressure of 0.5 pounds or greater which is
located in a region classified as Priority I with respect .
to photochemical oxidants (and hydrocarbons) and which
was in being or under construction before April 9, 1972.
The provisions of this section shall not apply to any oil-
effluent water separator used exclusively in conjunction
with the production of crude oil, if the water fraction
of the oil-water effluent entering the separator contains
less than five (5) parts per million hydrogen sulfide,
organic sulfides, or a combination thereof.
(2) Definitions
As used in this section, all terms not defined herein
shall have the meaning given them in 401 KAR 3:010 and in
Subsection 1(2) of the regulation.
(a) "Oil-Effluent Water Separator" means any tank, box,
sump or other container in which any petroleum or.
product thereof, floating on or entrained or con-
tained in water entering such tank, box, sump or
other container,.is physically separated and removed
from such water prior to outfall, drainage, or re-
covery of such water.
(3) Standard for Hydrocarbons
The emissions of all hydrocarbon vapors and gases shall
be reduced by at least ninety (90) percent by weight,
except when gauging and sampling is taking place.
(51.16) Section 1.1. Standards of Performance for Storage Vessels for Petroleum
Liquids
(1) Applicability
(a) Except as provided in Paragraph (b) of this sub-
section, the affected facility to which this section
applies is each storage vessel for petroleum liquids
which has a storage capacity greater than 40,000
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gallons located in a region classified Priority I
with respect to photochemical oxidants (hydrocarbons)
and which was in being or under construction before
the effective date of this regulation.
(b) This section does not apply to storage vessels
for the crude petroleum or condensate stored, pro-
cessed, and/or treated at a drilling and production
facility prior to custody transfer.
(c) Those storage vessels for petroleum liquids with a
storage capacity greater than 500 gallons but less
than 40,000 gallons shall be equipped with a perma-
nent submerged fill pipe or vapor recovery system.
(2) Definitions
As used in this section, all terms not defined herein
shall have the meaning given them in 401 KAR 3:010 and in
Subsection 1 (2) of this regulation.
(a) "Storage Vessel" means any tank, reservoir, or con-
tainer used for the storage of petroleum liquids,
but does not include:
1. Pressure vessels which are designed to operate
in excess of fifteen (15) pounds per square inch
gauge without emissions to the atmosphere except
under emergency conditions.
2. Subsurface caverns or porous rock reservoirs, or
3. Underground tanks if the total volume of petro-
leum liquids added to and taken from a tank an-
nually does not exceed twice the volume of the
tank.
(b) "Petroleum Liquids" means crude petroleum, condensate,
and any finished or intermediate product manufactured
in a petroleum refinery but does not mean Number 2
through Number 6 fuel oils, gas turbine fuel oils,
or diesel fuel oils.
(c) "Petroleum Refinery" means any facility engaged in
producing gasoline, kerosene, distillate fuel oils,
residual fuel oils, lubricants, or other products
through distillation of petroleum or through redis-
tillation, cracking, or reforming of unfinished
petroleum derivatives.
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(d) "Crude Petroleum" means a naturally occurring mix-
ture which consists of hydrocarbons and/or sulfur,
nitrogen and/or oxygen derivatives of hydrocarbons
and which is a liquid at standard conditions.
(e) "Condensate" means hydrocarbon liquid separated from
natural gas which condenses due to changes in the
temperature and/or pressure and remains liquid at
standard conditions.
(f) "Custody Transfer" means the transfer of produced
crude petroleum and/or condensate, after processing
and/or treating the producting operations, from
storage tanks or automatic transfer facilities to
pipelines or any other forms of transportation.
(g) "Drilling and Production Facility" means all drilling
and servicing equipment, wells, flow lines, separa-
tors, equipment, gathering lines, and auxiliary non-
transporation-related equipment used in the produc-
tion of crude petroleum but does not include natural
gas plants.
(h) "True Vapor Pressure" means the equilibrium partial
pressure exerted by a petroleum liquid as determined
in accordance with methods described by the Depart-
ment. '
(i) "Floating Roof" means a storage vessel cover con-
sisting of a double deck, pontoon single deck, inter-
nal floating cover or covered floating roof, which
rests upon and is supported by the petroleum liquid
being contained, and is equipped with a closure seal
or seals to close the space between the roof edge
and tank wall.
(j) "Vapor Recovery System" means a vapor gathering sys-
tem capable of collecting all hydrocarbon vapors and
gases discharged from the storage vesses and a vapor
disposal system capable of processing such hydro-
carbon vapors and gases so as to prevent their
emission to the atmosphere.
(k) "Reid Vapor Pressure" is the absolute vapor pressure
of volatile crude oil and volatile non-viscous petro-
leum liquids, except liquified petroleum gases, as
determined by methods specified by the Department.
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(1) "Submerge Fill Pipe" means any fill pipe the dis-
charge of which is entirely submerged when the liquid
level is six (6) inches above the bottom of the tank;
or when applied to a tank which is loaded from the
side, shall mean any fill pipe the discharge opening
of which is entirely submerged when the liquid level
is two times the fill pipe diameter above the bottom
of the tank.
(3) Standard for Hydrocarbons
The owner or operator of any storage vessel to which this
section applies shall store petroleum liquids as follows:
(a) If the true vapor pressure of the petroleum liquid,
as stored, is equal to or greater than 78 mm (1.5
psia), the storage vessel shall be equipped with a
floating roof, a vapor recovery system, or their
equivalents.
(b) If the true vapor pressure of the petroleum liquid
as stored is greater than 570 mm Hg (11.1 psia), the
storage vessel shall be equipped with a vapor re-
covery system or its equivalent.
(51.16) Section 12. Standards of Performance for Petroleum Liquids Loading
Facilities
(1) Applicability
The provisions of this section shall apply to loading
facilities which load more than 20,000 gallons per day
of petroleum liquids into tank trucks, trailers, or rail-
road tank cars and are located in a region classified as
Priority I with respect to photochemical oxidants
(hydrocarbons) and which were in being or under construc-
tion before April 9, 1972.
(2) Definitions
As used in this section, all terms not .defined herein
shall have the meaning given them in 401 KAR 3:010 and in
Subsection 1(2) of this regulation.
(a) "Petroleum Liquids" means crude petroleum, condensate,
and any finished or intermediate products manufactured
in a petroleum refinery but does not mean Number 2
through Number 6 fuel oils, gas turbine fuel oils, or
diesel fuel oils.
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(b) "Petroleum Refinery" means any facility engaged in
producing gasoline, kerosene, distillate fuel oils,
residual fuel oils, lubricants, or other products
through distillation of petroleum or through redis-
tillation, cracking, or reforming of unfinished
petroleum derivatives.
(3) Standard for Hydrocarbons
(a) No owner or operator of any loading facility shall
load petroleum liquids unless such facility is
equipped with a device which reduces the emissions
of all hydrocarbon vapors and gases by at least
ninety (90) percent by weight, properly installed, in
good working order and in operation.
(b) Loading shall be accomplished in such a manner that
all displaced vapor and air will be vented only to
the vapor collection system. Measures shall be
taken to prevent liquid drainage from the loading
device when it is not in use or to accomplish com-
plete drainage before the loading device is discon-
nected.
(51.21) Section 13. Standards of Performance for Sources Using Organic Solvents
(1) Applicability
(a) The provisions of. this section shall apply to any
affected facility using any organic solvents which
was in being or under construction before April 9,
1972, and which is located in a region classified
Priority I with respect to photochemical oxidants
(hydrocarbons).
(b) The provisions of this section shall not apply to:
1. The manufacture of organic solvents or the
transport, loading, or storage of organic sol-
vents or materials containing organic solvents;
2. The spraying or other employment of insecticides,
pesticides, or herbicides;
3. The employment, application, evaporation or
drying of saturated halogenated hydrocarbons or
perchlorethylene;
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4. The use of any material, in any affected facility
described in (l)(a) above if [:] the volatile
content consists of non-photochemically reactive
solvent comprising not more than thirty (30) per-
cent by voluem of the material as applied;
5. The use of any material in any affected facility
described in (l)(a) above if the volatile con-
tent consists only of water and non-photochemi-
cally reactive solvent and that solvent comprises
not more than twnety (20) percent of said voli-
tile content by volume as applied.
6. The use of equipment for which other requirements
are specified by Section 10, 11, or 12 of this
regulation or which are exempt from air pollu-
tion control requirements by said sections.
(2) Definitions
As used in this section, all terms not defined herein
shall have the meaning given them in 401 KAR 3:010 and
Subsection 1(2) of the regulation.
(a) "Affected Facility" means any article, machine,
equipment, or other contrivance used for employing
or applying:
1. Any organic solvent which is photochemically
reactive or material containing such photochemi-
cal ly reactive solvent; or
2. Any organic solvent, regardless of photochemi-
cal reactivity, which is baked, heat-cured, or
heat polymerized in the presence of oxygen.
(b) "Organic Materials" means chemical compounds of car-
bon excluding carbon monoxide, carbon dioxide, car-
bonic acid, metallic carbides, and ammonium carbonate;
(c) "Organic Solvents" means organic materials which are
liquids at standard conditions and which are used as
dissolvers, viscosity reducers, cleaning agents,
diluents, or thinners, except that such materials
which exhibit a boiling point higher than 220 degree
Fahrenheit at 0.5 millimeters mercury absolute pres-
sure or having an equivalent vapor pressure shall
not be considered to be solvents unless exposed to
temperatures exceeding 220 degree Fahrenheit;
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(d) "Photochemically Reactive Solvent" means any solvent
with an aggregate of more than twenty (20) percent
of its total volume composed of the chemical com-
pounds classified below or which exceeds any of the
following individual percentage composition limita-
tions, referred to the total volume of solvent;
1. A combination of hydrocarbons, alcohols, alde-
hydes, esters, ethers, or ketones having an ole-
finic or cyclo-olefinic type of unsaturation;
five (5) percent;
2. A combination of aromatic compounds with eight
(8) or more carbon atoms to the molecule except
ethyl benzene; eight (8) percent;
3. A combination of ethyl benzene, ketones having
branched hydrocarbon structures, tricholorethy-
lene or toluene; twenty (20) percent.
Uhen any.organic solvent .or any constituent of an
organic solvent may be classified by its chemical
structure into more than one of the above groups of
organic compounds it shall be considered as a member
of the most reactive chemical group, that is, that
group having the least allowable percent of the
total volume of solvents.
(3) Standard for Organic Materials
(a) No person shall discharge into the open air, from any
affected facility using organic solvents more than
forty (40) pounds of organic material in any one (1)
day, nor eight (8) pounds in any one (1) hour unless
said emissions have been reduced by et least eighty-
five (85) percent by weight.
(b) Those portions of any series of affected facilities
designed for processing a continuous web, strip or
wire which emit organic materials shall be taken
collectively to determine compliance with this sec-
tion. Emissions of organic materials resulting from
air or heated drying of products for the first
twelve (12) hours after their removal from an af-
fected facility shall be included in determining com-
pliance with this section. Further, emissions of
organic material to the atmosphere from the clean-up
with photochemically reactive solvent of any
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affected facility shall be included with other emis-
sions of organic materials from that affected faci-
lity for determining compliance with this section.
(c) Emissions of organic materials into the atmosphere
required to be controlled by Subsections 3(a) or
, 3(b) shall be reduced by:
1. Incineration, provided that ninety (90) percent
or more of the carbon in the organic material
being incinerated is oxidized to carbon dioxide;
or,
2. Absorption; or
3. Modifying processing procedures, equipment and/
or materials in such a manner so as to achieve
no less than the degree of control of photo-
chemically reactive solvents required. The im-
plementation of such modifications in lieu of
compliance with Subsection (3)(a) and (3)(b)
shall require the express prior approval of the
Department.
(d) A person incinerating, absorbing, or otherwise pro-
cessing organic materials pursuant to this section
shall provide, properly install and maintain in
calibration, in good working order and in operation,
devices as specified in the permit to construct or
the permit to operate, or as specified by the De-
partment, for indicating temperatures, pressures,
rates of flow or other operating conditions necessary
to determine the degree and effectiveness of air
pollution control.
(e) Any person using organic solvents or any material
containing organic solvents shall supply the Depart-
ment, upon request and in the manner and form pre-
scribed, written evidence of the chemical composi-
tion, physical properties and amount consumed for
each organic solvent used.
(50.1) Section 14. Control of Fugitive Emissions
(1) Definitions
As used in this section, all terms not defined herein
shall have the meaning given them in 401 KAR 3:010 and
Subsection 1(2) of this regulation.
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(a) "Fugitive Parti oil ate Matter" means any particulate
matter which is emitted into the open air from
points other than a stack outlet.
(b) "Open Air" means the air outside buildings, struc-
tures, and equipment.
(2) Standard for Particulate Matter
(a) On and after the effective date of this regulation,
no person shall cause, suffer, allow, or permit any
materials to be handled, transported, or stored; or
a building, its appurtenances to be constructed, al-
tered, repaired or demolished or a road to be used
without taking reasonable precautions to prevent
particulate matter from becoming airborne. Such
reasonable precautions shall include, where appli-
cable, but not be limited to the following:
1. Use, where possible, of water or chemicals for
control of dust in the demolition of existing
buildings or structures, construction operations,
the grading of roads or the clearing of land;
2. Application and maintenance of asphalt, oil,
water, or suitable chemicals on roads, materials
stockpiles, and other surfaces which can create
airborne dusts;
3. Installation and use of hoods, fans, and fabric
filters to enclose and vent the handling of
dusty materials, or the use of water sprays or
other measures to suppress the dust emissions
during handling. Adequate containment methods
shall be employed during sandblasting or other
similar operations;
4. Covering, at all times when in motion, open
bodied trucks transporting materials likely to
become airborne;
5. Conduct of agricultural practices such as tilling
of land, application of fertilizers, etc., in
such manner as to not create a nuisance to
others residing in the area;
6. The maintenance of paved roadways in a clean
condition;
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7. The prompt removal of earth or other material
from a paved street which earth or other
material has been transported there to by
trucking or earth moving equipment or erosion
by water.
(b) No person shall cause or permit the discharge of
visible fugitive dust emissions beyond the lot
line of the property on which the emissions originate.
(c) When dust, fumes, gases, mist, odorous matter, vapors,
or any combination thereof escape from a building or
equipment in such a manner and amounts as to cause a
nuisance or to violate any regulation, the Secretary
may order that the building of equipment in which
processing, handling and storage are done be tightly
closed and ventilated in such a way that all air and
gases and air or gas-borne material leaving the
building or equipment are treated by removal or
destruction of air contaminants before discharge to
the open air.
(51.13) Section 15. Control of Open Burning
(1) Definitions
As used in this section, all terms not defined herein
shall have the meaning given them in 401 KAR 3:010 and
Subsection 1(2) of this regulation.
(a) "Open Burning" means the burning of any matter in
such a manner that the products of combustion re-
sulting from the burning are emitted directly into
the ambient air without passing through a stack or
chimney;
(b) "Garbage" means putrescible animal and vegetable
matter accumulated by a family in residence in the
course of ordinary day to day living;
(c) "Household Rubbish" means waste material and trash,
not to include garbage, normally accumulated by a
family in a residence in the course of ordinary day
to day living.
(2) Prohibition of Open Burning
(a) On and after the effective date of this regulation,
no person shall cause, suffer, allow or maintain any
open fire except as follows:
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1. Fires for the cooking of food for human consump-
tion on other than commercial premises;
2. Fires for recreational or ceremonial purposes;
3. Small fires set by construction and other workers
for comfort heating purposes providing objec-
tibnable smoke is not created;
4. Fires set for the purposes of weed abatement,
disease, and pest prevention;
5. Fires set for prevention of a fire hazard, in-
cluding the disposal of dangerous materials
where no safe alternate is available;
6. Fires set for the purpose of bona fide instruc-
tion and training of public and industrial
employees in the methods of fighting fires;
7. Fires set for recognized agricultural, silvi-
cultural, range, and wildlife management prac-
tices;
8. Fires se,t by individual home owners for burning
of leaves except in cities greater than 8,000
population located in a Priority I Region;
9. Fires for disposal of household rubbish, not to
include garbage, originating at dwelling of
five family units or less, which fires are main-
tained by an occupant of the dwelling at the
dwelling, except in cities greater than 8,000
.population located in a Priority I Region;
10. Flare stacks for the combustion of waste gases
provided that such stacks be equipped with smoke-
less tips;
11. Fires set for the purposes of disposing of acci-
dental spills or leaks of crude oil, petroleum
products or other organic materials, and the
disposal of absorbent material used in their re-
moval, where no other economically feasible
means of disposal is available and practical and
provided permission is.obtained from the Depart-
ment prior to burning;
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12. Fires set for disposal of natural growth for
land clearing and trees and tree limbs felled by
storms, provided that no extraneous material
such as tires or heavy oil which tend to produce
dense smoke are used to cause ignition or aid
combustion and that burning is done on sunny
days with mild winds. In regions classified
Priority I with respect to particulate matter,
the emissions from such fires shall not be equal
to or greater than forty (40) percent opacity.
(b) The open burning specified in Paragraph (a) of this
subsection is permitted only if it does not conflict
with local ordinance. Where necessary, permission
shall be obtained from the fire department and fire
district having jurisdiction at the place of burning.
(51.10) Section 16. Standard of Performance for Nitric Acid Plants
(1) Applicability
The provisions of this section shall apply to any nitric
acid plant in being or under construction before April 9,
1972; which is the affected facility.
(2) Definitions
As used in this section, all terms not defined herein
shall have the meaning given them in 401 KAR 3:010 and in
Section 1(2) of this regulation.
(a) "Nitric Acid Production Unit" means any facility
producing weak nitric acid by either the pressure
or atmospheric pressure process.
(b) "Weak Acid Production Unit" means acid which is
thirty (30) to seventy (70) percent in strength.
(3) Standard for Nitrogen Oxides
On and after the date on which the performance test re-
quired to be conducted by Section 1 (3) of this regulation
is completed, no owner or operator subject to the pro-
visions of this regulation shall cause to be discharged
into the atmosphere from any affected facility any gases
which:
(a) Contain nitrogen oxides, expressed as N02, in excess
of 2.9 kg per metric ton of acid produced (5.8 Ib.
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per ton), .the production being expressed as 100 per-
cent nitric acid.
(b) Exhibit ten (10) percent opacity, or greater. Where
the presence of uncombined water is the only reason
for failure to meet the requirements of this para-
graph, such failure will not be a violation of this
section.
(4) Emission Monitoring
(a) There shall be installed, calibrated, maintained,
and operated, in any nitric acid production unit sub-
ject to the provisions of this section, an instru-
ment for continuously monitoring and recording emis-
sions of nitrogen oxides.
(b) The instrument and sampling system installed 'and
used pursuant to this subsection shall be capable of
monitoring emission levels with + 20 percent with a
confidence level of ninety-five T95) percent and
shall be calibrated in accordance with the method(s)
prescribed by the manufacturer(s) of such instrument,
the instrument shall be subjected to manufacturers
recommended zero adjustment and calibration procedures
at least once per twenty-four (24) hour operating
period unless the manufacturer!s) specifies or re-
commends calibration at shorter intervals, in which
case such specifications or recommendations shall be
followed. The applicable method specified by the
Department shall be the reference method.
(c) Production rate and hours of operation shall be
recorded daily.
(5) Test Methods and Procedures
. (a) The reference methods specified by the Department,
except as provided for in Section l(3)(b) of this
regulation, shall be used to determine compliance
with the standard prescribed in Subsection (3) of
this section,
(b) The sampling point shall be the centroid of the
stack or duct or at a point no closer to the walls
than 1 m (3.28 ft.). Each run shall consist of at
least four (4) grab samples taken at approximately
fifteen (15) minute intervals. The arithmetic mean
of the samples shall constitute the run value. A
velocity traverse shall be performed once per run.
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(c), Acid production rate, expressed in metric tons per
hour of 100 percent nitric acid, shall be determined
during each testing period by suitable methods and
shall be confirmed by a material balance over the
production system.
(d) For each run, nitrogen oxides, expressed in g/metric
ton of 100 percent nitric acid, shall be determined
by dividing the emission rate in g/hr by the acid
production rate. The emission rate shall be deter-
mined by the equation,
g/hr = Qs x c
where:
Q = volumetric flow rate of the effluent in dscm/hr,
and
c = NO concentration in g/dscm.
A
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(50.1)
(50.2)
(2.0)
4.0
4.0.1
CHAPTER IV
CONTROL STRATEGY
SULFUR OXIDES AND PARTICULATE MATTER
BACKGROUND
General
The Commonwealth of Kentucky submitted to the EPA Administrator
an implementation plan on February 8, 1972. This plan contained
a chapter such as this entitled "Control Strategy, Sulfur Oxides
and Particulate Matter" which was based on computations made by
fche former Kentucky Air Pollution Control Commission and the
Invironmental Protection Agency. The plan was approved by the
[PA's Administrator of May 31, 1972.
)n June 28, 1973, a decision of the U.S. Court of Appeals for the
£ixth Circuit in the Case of "Buckeye Power Company, et al v.
Environmental Protection Agency", 481 F. 2 d 162, and two related
cases, vacated the Administrator's approval of the Kentucky plan
and remanded the case to the Environmental Protection Agency
for compliance with Section 553 of the Administrative Procedures
Act, viz., to take comments, data, or other evidence from
.interested parties, and to express the basis for administrative
Actions.
Consequently, on December 5, 1973, the Commonwealth of Kentucky
resubmitted to the Administrator the Kentucky Implementation Plan
with one addition, AP-11 relating to the control of indirect
sources.
On August 15, 1974, the plan was approved by the EPA Administrator
with one exception, namely, section 1 (b) of Kentucky Air Pollu-
tion Regulation AP-1 as related to Alternate Control Strategy
provision of the plan. This provision was disapproved as failing
to meet the requirements of 40 CFR 51.12. The two-year extension
originally granted for achieving primary sulfur dioxide standards
in the Louisville Interstate AQCR was reaffirmed.
In his approval of the plan, the Administrator of the Environ-
mental Protection Agency encouraged the Commonwealth of Kentucky
to re-examine its sulfur dioxide strategy to determine if it can
be modified without jeopardizing the attainment and maintenance
,bf national standards. Since the supply of low sulfur fuels is
currently limited, the Administrator, in accordance with the
.Environmental Protection Agency's Clean Fuel Policy, subsequently
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invited the Commonwealth of Kentucky to re-examine the effects of
Its sulfur oxide regulations to determine whether less stringent
limits might not, in certain portions of the State, adequately
attain primary ambient air quality standards.
In compliance with this request, the Commonwealth of Kentucky
with the assistance of EPA Region IV, Air Programs Office in
Atlanta, Georgia, developed new strategies to provide the basis
for regulation revisions that will reduce omissions to levels that
allow ambient air quality to meet national primary standards and,
at the same time, minimize the technical and economic burden to
all concerned.
This revised chapter presents justification for the regulation
revision.
4.0.2 Control Strategy
An emission control strategy consists of a set of compatible
emission standards. Each standard limits emission from specific
types of operations, e.g., fuel combustion, industrial process,
or solid waste disposal, and the cbmbination of the severe' stan-
dards included within each strategy defines the allowable emis-
sion levels from each source in an air quality control region or
'a county within a State.
The "example region" concept was used in the original plan for
strategy development for the control of sulfur oxides and parti-
culates. The Louisville AQCR was used as an example region.
The use of this concept in 1971 is one of the primary causes of
"over-kill" in the old regulations. This new revision did not
use this concept in developing the strategy for sulfur dioxide;
'instead explicit control strategy testing was performed for each
region and pollutant affected by this revision. Sines no revi-
sion was proposed for particulate matter control strategy the
'original concept was retained as a method of demonstration.
The alternate control strategy which was provided by the old
regulations and was disapproved by EPA's Administrator was re-
moved from the revised regulations.
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(50.2) 4.1 SULFUR DIOXIDE
4.1.1 Procedure
Standards for control of sulfur dioxide were for the most part
formulated on an industry-by-industry basis. Fuel burning opera-
tions represented the largest single source of sulfur dioxide;
consequently, these operations have been given the most attention.
Other SOg limiting regulations were not substantially changed.
Standards normally take the form of either a limitation on the
allowable sulfur content of the fuel burned, or a limitation of
the pounds of sulfur dioxide which can be emitted per million
BTUs of heat input value of fuel. The Commonwealth of Kentucky
|ias selected the latter type of standard to allow the use of the
high sulfur coal mined in Western Kentucky and to lend to the
.installation of flue gas desulfurization units were necessary to
jneet tha ambient air quality standards.
Strategies based on the limitation of sulfur dioxide emissions
.were applied using mathematical diffusion modeling techniques to
'demonstrate the attainment and maintenance of the ambient air
quality standards. These techniques are as follows:
(1) 24-Hour Power Plant Model
(2) Air Quality Display Model
The 24-hour model was used on individual power plants to determine
their required emisssion to meet the 24-hour ambient air quality
standards of 365/ /Lig/nv* (0.14 ppm). The second model was used to
define the allowable emission rates from multiple sources in an
area where these sources' emissions might lead to a violation of
'the annual ambient air quality standard of 80 iig/m3 (0.4 ppm).
This was deemed to be necessary for only a small number of areas,
based on the density of these fuel burning operations. The more
restrictive results of the two models (annual or short-term)
would be the determining factor for selecting the emission
standard in a region, county or a group of counties where the
.impact of these plants was determined to occur.
Modeling was done by the staff of EPA Region IV, the Wai den Re-
search Corporation under EPA contract, and the staff of the
Division of Air Pollution, Kentucky State Department for Natural
Resources and Environmental Protection.
i^
(1) Nominal Load Case - This presents the maximum concentration
calculated by the model based upon normal operating rate.
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(2) Maximum Load Case - This case was calculated assuming the
V to be operating at full capacity during the day.
Ground-level concentrations arising from nominal and maximum
operating' loads can be expected to differ due to the joint effect
of changes in emission rates, with corresponding changes in stack
gas exit velocity and temperature. The' interaction of these fac-
tors can produce higher concentrations under either nominal or
maximum load conditions. Modeling of both cases permits a reason-
able estimate of the range of possible values and identification
of the maximum concentration case. Regulation changes are based
on the highest predicted concentration, whether from nominal or
maximum case.
A brief description of the diffusion modeling methodology used
is included in this section. It should be noted that the
control strategies were developed in accordance with the require-
ments given in EPA's regulation of 40 CFR Part 51.12 and 51.13.
4.1.1.1 24-Houn. Power Plant Model (also referred to as CRS-1 )
The model used to estimate the short-term concentration is one
developed by the Meteorology Laboratory, EPA. This model is de-
signed to estimate concentrations due to sources at a single
location for averaging times of 1 hour, 24 hours and 1 year, with
emphasis on the 24-hour value.
The model is a Gaussian plume model using diffusion coefficients
based on Turner"!. Concentrations are estimated for each hour of
the year based on the wind direction (in increments of ten de-
grees):, wind speed, mixing height, and Pasquill stability class.
For the 1 and 24-hour values, it is assumed that the pollutant
does not "decay" significantly between the source and the re-
ceptors' because of the short travel involved. Also, decay de-
pends on a number of meteorological variables and might well be
insignificant when the meteorological conditions occur which lead
to highest sulfur dioxide concentrations.
Meteorological data for 1964 were used. The reasons for this
choice are:
(1) Data from earlier years did not have sufficient resolution
in the wind direction, and
^Turner, D.B.,'"Workbook of Atmospheric Dispersion Estimates", U.S. Depart-
ment of Health, Education and Welfare, PHS Publication No. 999-AP-26
(rev. 1970). ^
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(2) data from subsequent years are readily available on magnetic
tape for every third hour only.
. Mixing height data were obtained from the twice-a-day upper air
observations made at the nearest upper air station. Hourly
mixing heights were estimated by the model using an objective
interpolation scheme.
To simulate the effect of elevated terrain in the vicinity of
the plant sites, a ground plume displacement procedure was used
in the modeling analysis. This procedure consists of adjusting
(decreasing) the effective height of the plant stacks by an amount
equal to the difference in elevation between the plant site .and
the average surrounding terrain. The "reduced" stack height
is input to the,diffusion model described above.
When a power plant is located in a valley, a modification of the
24-hour model, the valley model, was applied. The model esti-
fnates the ground level concentration at 112 receptors at the
intersection of 16 radials 22.5° apart and 7 concentric circles
at equal distances from the center of emission points. The model
uses a class average wind speed of 2.5 m/sec and a slightly stable
atmospheric condition (Class E). These conditions being repre-
sentative to a valley situation. At night in rural situations,
the model assumes that a stable atmosphere exists upward from
ground level. The primary assumption invoked is that a given
meteorological condition exists for 6 hours of a 24-hour period
during which a particular source can affect a particular receptor.
Since only power plant operations were being modeled, it was not
possible, in general, to calibrate the model using measured air-
quality data. The calculated values of concentration are consi-
, dered to be reasonable estimates of anticipated concentrations
'using best available modeling techniques.
Where interactions between a number of stacks of a power plant
are significant, supplementary calculations, using a modified
Model (PTMTP-W), account for the impact of two or more stacks.
4.1.1.2 Air Quality Display Model (AQDM)
The AQDM, a climatological model based on ideas of Martin and
Tikvart, (TRW Systems Group, 1969; Martin and Tikvart, 1968; and
Martin, 1971), considers the joint frequency distribution of
wind direction to 16 points, wind speed in 6 classes, and stabi-
.lity categories in 5 classes. Computation for a receptor
/point are made by considering the contribution of each point and
area source to this receptor. Separate calculations are made
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for each speed class/stability class combination for wind direc-
tion Settor about the receptor that contains the source. For
area sources a modification of the virtual point source method
is used. Estimation of area source heights are assumed to be the
effective height of the area source. The effective heights can
be different for each area source. Briggs* plume rise equation
(Briggs, 1969) were used to estimate the effective height of
point sources.
The Louisvill Interstate Air Quality Control Region was modeled
using the AWDM Model. Due to the existence of single major
sources in the other areas of the State running AQDM for these
areas were found to be unnecessary and reliance on only the
24-hour model was sufficient.
4.1.1.3 Source Data
Data for sources modeled were taken from the emissions inventory
listing of 1972 conducted by the Division of Air Pollution and
T973 emissions inventory of Jefferson County (Appendix A to this
Plan). Supplementary data for the large power plants were taken'
directly from the Federal Power Commission (FPC Form 67) and the
data submitted by individual plants as part of the requirements
of Section 114 of the Clean Air Act. In all cases of 24-hour
modeling the actual emission was used to work out a ratio of re-
duction necessary to meet the 365 /jg/rrr standard. AWDM run for
the Louisville region was run using 1973 data.
For purposes of this study, data were projected to 1977, to in-
clude .scheduled units coming on line since generally is the
target year for attainment of at least the primary air quality
standards for sulfur dioxide. The planned units are Louisville
Gas and Electric Mill Creek Unit # 4 in Jefferson County,
Cincinnati Gas and Electric East Bend Unit in Boone County, and
Kentucky Utilities Ghent Unit # 2 in Carroll County.
4.1.1.4 Measured Ambient Background Levels
A survey of existing ambient air quality data throughout the
State was made to determine the appropriate background level,
24-hour maximum, to use in the 24-hour modeling of individual
power plants. This background represents the effect of all
sources on the monitoring station in the vicinity of the plant
in'question after elimination of the direct influence of that
plan^'on the monitoring station. The technique used in this
case ;ls through examining the meteorological data of the nearest
weather station and the resultant wind direction was determined
for e
was i
ich sampling day. The measured data at the sampling day
jnored if the resultant wind during that day was within a
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section of +_ 11° of a line drawn between the power plant in
question and the monitoring station. The remaining data, which
represent the influence of the remaining sources were examined
and the record highest 24-hour average was used as the background
.applicable for the plant in question. These levels are shown in
Table 4.4.
In the case where measured air monitoring data were not available,
a background of 50 pg/m3 was considered to be appropriate.
The background level used for an annual mean for the AQDM was
selected to be 0
4.1.1.5 Classification of Counties
The class into which a given county falls has been determined by
.mathematical atmospheric diffusion models and other methods which
evaluate those factors which necessitate limits on sulfur dioxide
emissions. These factors include but were not limited to:
(1) Total sulfur dioxide emissions;
(2) Spartial distribution of sulfur dioxide sources;
l
(3) Effects of single large sources;
(4) Existing measured air quality;
i
(5) Topographical features of the county;
(6) Contribution to background levels.
4.1.2 'Adopted Changes
The changes in S02 emission limitations are primarily relaxations
on indirect heat exchangers of all size ranges, especially those
burning solid fuels. Emission limitations for small oil-fired
boilers or for large oil-fired boilers which remained in less
..restrictive counties have been relaxed slightly.
The old regulations are shown in Table 4.1 and the new regulations
are shown in Table 4.2.
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TABLE 4.1
PREVIOUS REGULATION OF ALLOWABLE SULFUR DIOXIDE EMISSIONS
FROM INDIRECT HEAT EXCHANGERS AND
PRIORITY CLASSIFICATION OF AIR QUALITY CONTROL REGIONS
MM BTU/HOUR
HEAT INPUT
EXISTING INSTALLATIONS
PRIORITY I
PRIORITY II
PRIORITY III
(fuel:) Liquid Solid Liquid Solid Liquid Solid
10 or less
50
100
150
250
500
1,000
10,000
2.50
1.41
1.11
0.96
0.8
0.8
0.8
0.8
4.0
2.2
1.7
1.5
1.2
1.2
1.2
1.2
2.5
2.02
1.85
1.75
1.64
1.5
1.5
1.5
4.0
3.0
2.7
2.5
2.3
2.0
2.0
2.0
2.50
2.32
2.24
2.20
2.14
2.07
2.00
2.00
4.0
3.8
3.7
3.7
3.6
3.6
3.5
3.5
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TABLE C..Z - - -
REGULATIONS IN EFFECT (JULY 2, 1975) OF ALLOWABLE SULFUR DIOXIDE EMISSION
BASED ON HEAT INPUT CAPACITY FOR EXISTING INDIRECT HEAT EXCHANGERS AND NEW FACILITIES
ALLOWABLE EMISSION POUNDS/MM BTU
MM BTU/HOUR
HEAT INPUT
(Fuel:) .
10 or less
50
100
150
200
250 or greater
NEW FACILITIES
AND COUNTIES
CLASS I
Liquid
3.0
1.5
1.2
1.0
0.9
0.8
Solid
5.0
2.4
1.8
1.5
1.3
1.2
COUNTIES
CLASS II
Liquid
4.0
2.2
1.7
1.5
1.3
1.2
Solid
6.0
3.3
2.5
2.2
2.0
1.8
COUNTIES ~
CLASS III
Liquid
4.6
3.1
2.6
2.4
2.2
2.1
Solid
7.0
4.7
4.0
3.6
3.4
3.2
COUNTIES
CLASS IV
Liquid
5.4
4.3
4.0
3.7
3.6
3.5
Solid
5.0
6.4
5.9
5.6
5.4
5.2
COUNTIES
CLASS V
Liquid
6.0
4.9
4.3
4.3
4.1
4.0
Solid
9.0
7.3
6.7
6.4
6.2
6.0
Interpolation of allowable emissions for rated capacity values between 10 and 250 million BTU heat Input may be accomplished by use of the
equations shown below for the appropriate fuel specified. In all equations Y = allowable sulfur dioxide emission .in pounds per million BTU
heat Input, and X = millions of BTU per hour heat Input capacity rating. .
COUNTY CLASS
New and I
II
III
IV
V
LIQUID
Y
Y
Y
Y
Y
= 7
= 9
= 8
= 7
= 8
.7223
.4044
.060
.3610
.0187
FUEL
X
X
X
X
X
-0.
-0.
-0.
-0.
-0.
4106
3740
2346
1347
1240
Y =
Y «=
Y =
Y =
Y =
SOLID FUEL
13
14
12
10
12
.8781
.1967
.2539
.8875
.0254
X
X
X
X
X
-0.4474
-0.3740
-0.2432
-0.1338
-0.1260
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4.1.3 Analysis
Detailed modeling results are retained by this agency for examina-
tion by the EPA Administrator. It should be emphasized here
that the regulations were applied in these models, based on in-
dividual boiler input capacity rather than the combined capacity
of the source, which the regulations allow. Consequently, the
results of the analysis were conservative figures.
4.1.3.1 Class I Counties
The analysis for these two counties (Jefferson and McCracken) con-
sists of 24-hour models run on all power plants (except small
industrial units) and an AQDM run for Louisville Interstate
AQCR. The 24-hour model showed, that the emissions limitations
for Class I counties are adequate to attain the ambient air
quality 24-hour standard.
.The AQDM correlation curves resulting from modeling the 1973
emissions inventory and calibrated with the 1973 air quality
data is shown in Figure 4.1. Isopleths showing air quality
conditions existing in 1973 are presented in Figure 4.2. Iso-
pleths. showing estimated air quality levels following applica-
tion :of emission standards are presented in Figure 4.3. It
can be seen that the annual arithmetic mean standard of 80
ug/m^ was attained through the application of the control re-
gulations.
4.1.3.2 Class !! Counties
The analysis for these 3 counties (Bell, Clark, Woodford) con-
sists of 24-hour runs around 3 major sources. The lack of
other major S0£ sources negated the need for AQDM runs. The
plants are all located in rugged terrain; therefore stringent
limitations are required in spite of the relatively small sizes
of the plants and the absence of multiple source interactions.
While the absolute value of the modeling result, Table 4.3, does
not equate to the exact emission limitation in all cases, it was
chosen for the following reasons:
('!) The sources affected by the limitation had, in most cases,
prior to regulation development, located and contracted for
coal which meets this new limitation. Lower sulfur fuel
would be difficult to obtain and would provide little addi-
tional emission reduction benefit.
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70
60
50
S 40
u
t/i
§
I
2 3°
20
6
10
20
30
40
50
'GO
SOj CONCENTRATION - CALCULATED
FIGURE 4.1 - SULFUR DIOXIDE CORRELATION CURVE
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LOUISVILLE INTERSTATE
Air Quality Control Region
10 Miles
3
10. Kilometers
FIGURE 4.2 ANNUAL ARITHMETIC CONCENTRATIONS
OF SULFUR DIOXIDE IN THE LOUSIVII.LE INTERSTATE AQCR
AS ESTIMATED BY THE DIFFUSION MODEL (EXISTING CONDITIONS 1973)
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LOUISVILLE INTERSTATE
Air Quality Control Region
/ CLARK '-
10 Milts
10 Kilometers
FIGURE 4.3 ANNUAL ARITHMETIC MEAN CONCENTRATIONS OF SULFUR DIOXIDE
IN THE LOUISVILLE INTERSTATE A.Q.C.R AS ESTIMATED BY THE DIFFUSION MODEL
(AFTER THE APPLICATION OF CONTROL REGULATIONS JULY 1977)
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TABLE 4.3
RESULTS OF 24-HOUR MODELING IN MAJOR POWER PLANT IN KENTUCKY (250 MM BTU/HR AND OVER)
I
CD
CLASS
' '
II
III
IV
V
COUNTY
Jefferson*
McCracken
Woodford
Clark
Bell
Pulaskl
Webster
Muhlenburg
Hancock
Davlees
Henderson
Mercer
Carroll
Lawrence
All Others
PLANT
Paddy's Run
Cane Run
Mill Creek
Shawnee
Tyrone
Dale
Plnevllle
Cooper
Robert Reid
Green River
Paradise
Coleman
Ownesboro M.U.
Elmer Smith
Henderson
Brown
Ghent
Big Sandy
BACKGROUND
ug/m^
127
112
75
70
20
34
50
39
50
25
25
45
55
64
67
20
65
22
REQUIRED LB S02/
MM BTU TO MEET
24-HOUR. STANDARD
2.7
1.8
5.5
1.5
1.9
1.0
0.4
3.2
5.2
5.2
5.1
5.0
8.6
6.6
6.0
7.0
19
25
ADOPTED EMISSION
STANDARD
Ib. S02/MM BTU
1.2
1.8
3.2
5.2
6
*AQDM also run
-------
(2) The emission limitation is not substantially greater than
the commonly accepted best technology available for power
plants of the size and age of those in question.
(3) The bulk of the generating capacity in these 3 counties is
used primarily for peaking and/or emergency purposes.
4.1.3.3 Class III County
The analysis for this county (Pulaski) consisted of a 24-hour
run for the single point source in the, county. The model shows,
Table 4.3, that the ambient standard will be met where the :
emission standard is applied. No other quantitative analysis was
deemed necessary, due to the absence of other large sources or
multiple source interaction.
4.1.3.4 Class IV Counties
'The analysts of these 3 counties (Muhlenburg, Webster, and Han-
cock) consisted of point source runs for 4 point sources for
24-hour violations. These showed, Table 4.3, that no violations
will occur upon the application of the adopted emission stan-
dard. No other quantitative analysis was deemed necessary, due
to the absence of other large sources or multiple source inter-
actions.
4.1.3.5 Class V Counties
Jhe analysis for the remaining counties consists of 24-hour point
source runs for major $02 emitters and AQDMS for 1 area where
major S02 sources are in close proximity to one another and/or
multiple smaller SC^ sources, or where multiple smaller S02
sources are numerous enough to justify concern. Sparsely popu-
lated counties or those with no substanital $62 emitters were
not modeled. All ambient standards were found to be met by the
adopted emission limitions (Table 4.3 and AQDM result).
4.1.4 General Comments
Air quality data for Calendar Year 1974 (submitted as an update
to Appendix B) shows SO? violations only in two areas. Both of
these are in the vicinity of plants which will be required to
reduce emissions below current practice (Jefferson and McCracken,
the two Class I counties). The revised regulations are expected
to achieve ambient standards in all parts of the State.
Those counties not listed specifically in Table 4.3 have shown
-no SO? violations for short or long-term standards. Additionally,
the absence of either large or concentrated S02 emitters makes
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the absence of either large or concentrated $03 emitters makes
it apparent that no danger of violations presently exist.
If in time, it becomes apparent that a different level of con-
trol is compatible with attainment and maintenance of the ambient
standards, the Department will so study the situation and revise
its control strategy.
4.1.5 Sulfur Compounds From Processes
Sulfur dioxide emission limitations exist for four other cate-
gories of sources. These were not appreciably changed but they
are listed below, Table 4.4, for information and reference pur-
poses.
TABLE 4.4
SULFUR COMPOUNDS LIMITATIONS FOR PROCESSES
SOURCE CATEGORY
OLD REGULATION
NEW REGULATION
Sulfate pulp mills
Sulfite pulp mills
Sulfuric acid plant
Process gases
.5 #TRS/ton of pulp or
17.5 ppm, whichever is
more restrictive
9.0 #S02/ton of pulp
27 #S02/ton of 98% acid
or 27.55 #SOp/ton of
100% acid, plus .9 #.acid
mist/ton of 98% acid
in Priority I AQCRs 10
grams H2S/100 ft3, plus
2000 ppm S02, in stack
gases
15.0 ppm TRS daily
average plus 40 ppm
for 60 min. in 24-
hr, period, plus
98% control in non-
condensibles
9.0 #S02/ton of
pulp
27.6 #SOo/ton of
100% acid, plus
.9 # acid mist/ton
of 100% acid
in Priority I AQCRs
10 grams H2S/100 ft?
plus 2000 ppm S02,
in stack gases
In as much as no changes occurred, the example region concept is
still adequate to indicate no ambient violations from these
sources. Problems from these sources could occur through two
circumstances. Proximity to other major sources could cause
violations, but no monitoring or multiple sources modeling
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indicates this. These sources could cause violations through
growth, but is is assumed that NSPA, State permitting procedures,
and AQMA regulations should prevent this. Therefore, the in-
depth analysis used for source types with relaxed emission
limitations was not performed for these sources.
(50.1) 4.2 PARTICULATE MATTER
No revision was made to the regulations covering the emission of
particulate matter except for process weight table for new
sources which was made slightly more stringent. Therefore, the
control strategy presented in the original SIP is still appli-
cable in attaining the National Standards for Particulate Matter.
Consequently the following sections were extracted and copied
from the original plan.
4.2.1 Procedure
Air. Quality Display Model was used for the Louisville Interstate
Air Quality Control Region for testing and control strategy for
Priority I regions.
4.2.1.1 Model Verification
The use of measured ambient pollution data is an essential step
1 in the simulation process. The model verification, calibration,
or validation compares model estimates of pollutant concentra-
tion with actual measured values. Several potential errors in
the atmospheric transport and diffusion calculations may be
rexamined and systematically accounted for by this procedure. The
pollutant emission inventory can be examined for consistency
with air quality measurements and topographic conditions peculiar
:to the air quality region may be evaluated.
The correlation curve resulting from the model run is shown in
Figure 4.1. Two lines are shown on the correlation plot.
On.the particulate matter plot, along with the least squares line,
is a line which is force-fitted through y = 35. This force-fit
-line is considered reasonable since the concentration of
. 35 ug/ti)3 is being used as the background concentration throughout
' - i.the eastern United States. On this plot two points were omitted
as follows: Point No. 15 was affected to an excessive degree
by the Indiana Army Arsenal and Point No. 14, located in
Jeffersonville, Indiana, and having a value of 202 ug/m^, was
considered too high for that area since the larger particulate
.emitters are in Kentucky. It appears that, even taking into con-
sideration the prevailing south-westerly wind, the highest
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3
reading should be in Kentucky. The 202 ug/m value is not
consistent with particulate source locations.
The force-fit correlation curves were used as input for the
strategy runs.
4.2.1.2 Null Condition
i
Isopleths showing the air quality conditions existing in 1970 are
shown in Figure 4.2 for particulates. The null run revealed two
hot spots in the region for particulate matter. The hot spots
(174 ug/m3 and 166 ug/m^) show a large influence from American
Standard Company and area sources.
4.2.2 Control Strategies Applied
Particulate control strategy using Kentucky's and Indiana's re-
gulations was applied for particulate matter. Kentucky's regula-
tions are contained in Chapter 7 of this plan.
The standards applied in this strategy are shown in Table 4.5.
Area source fuel burning emissions were calculated using a factor
of 117 pounds emission per ton of coal burned. The regulation
allows only about 14 pounds per ton. Therefore, an 85% reduction
wascassuraed.foF area, sources...
An isopleth map showing the air quality resulting from applying
.'Kentucky's and Indiana's regulations is shown in Figure 4.3
The hot spot, 69 ug/m arithmetic mean, may be neglected due to
the close proximity of the receptor to the Louisville Refinery.
Consequently, the annual geometric mean of 60 ug/m-* for parti-
culate is achieved in all areas of the region which should assure
the attainment of 150 ug/m3 twenty-four hour secondary standard.
(2.0) 4.3 AIR QUALITY DATA
Updated air quality data for 1972 through 1974 for sulfur dioxide
and data for 1970 for particulate matter in the nine air quality
control regions are submitted in Appendix B.
(2.0) 4.4 EMISSIONS INVENTORY
Tables representing the 1970 emission inventory data with respect
to particulates and an updated 1972 and 1973 emissions data for
sulfur oxides are presented in Appendix A to this Plan. A dash
!mark (-) in the emission inventory tables represents negligible
emissions of less than 0.5 tons per year as opposed to zero (0)
in which case no emissions were calculated.
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TABLE 4.5
LOUISVILLE INTERSTATE AIR QUALITY CONTROL REGION
PARTICULATE MATTER CONTROL REGULATIONS
A. Kentucky
1. 'Fual Combustion
The following table applied to the control of particulate matter
from the combustion of fuels:
Total Heat Input Maximum Wt. Discharge
(106 BTU/Hr) (Lb/106 BTU)
10 or less .56
10,000 or more .11
For heat inputs between these values, use log-log interpolation.
2. Industrial Process
The following table applies to the control of particulate matter
from industrial processes:
Process Weight Rate Maximum Wt. Discharge
(Lb/Hr) (Lb/Hr)
100 .551
60,000 40.0
. 6,000,000 92.7
For process weight rates between these values, use log-log
interpolation.
3. Solid Waste
The allowable emission rate is 0.2 grains per SCF for incinerators,
Emission from open burning is zero.
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Table 4.5 (continued)
B. Indiana
1. Fuel Combustion
The allowable emission rate is 0.8 lb/10 BTU heat input.
2. Industrial Process
Same as Kentucky.
3. Solid Waste
The allowable emission if 0.4 lb/1000 Ib per hour of refuse.
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I
«J
en
i
250 .
100 .
50
50 100 150 200 250 300
CALCULATED VALUES
FIGURE 4.4 PARTICULATE MATTER CORRELATION CURVES FROM MODELING CALIBRATION RUN
-------
LOU1SVILLU INTI-RSTATH
Air Quality Control Region
10 Kpicmc'.e-s
Q Location of Samplinp Sites and measured value
in lig/1"3 annual arithmetic mean
FIGURC 1.5
' ANNUAL ARITHMETIC MEAN-CONCCNTRATIOn'Or PARTICULATE MATTER-
(ug/m1) AS ESTIMATED BY THE DIFFUSION I10DEL (EXISTING CONDITIONS 1970)
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LOU1SVILLP. INTP.KSTATl-
Air Quality Conirol Region
/ Ci.t-.HK
FIGURE 1.6
PREDICTED GROUND LEVEL FARTICULATE MATTER CONCENTRATION
(li(l/ni' Af.'NUAI. ARITHMETIC KEAli) FOLLOW ING
APPLICATION OF COUTUOL STRATEGY (KENTUCKY'S 4 INDIANA'S REGULATIONS)
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V. CONTROL STRATEGY
(50.3) (50,4) ..v...' CARBON MONOXIDE, HYDROCARBONS
(50.5) - PHOTOCHEMICAL OXIDANTS, AND NITROGEN DIOXIDE
(2-°) 5-1 CONTROL "STRATEGY
The ratib of mobile source emissions to stationary source emissions plays
. a prime--role in control strategy development for carbon monoxide, hydro-
carbons, photochemical oxidants, and nitrogen dioxide. Therefore, it was
necessary to use two example regions for this set of pollutants and per-
form strategy calculations because they are priority I regions. The
Louisville Interstate and Metropolitan Cincinnati Interstate Regions are
priority I for hydrocarbons and photochemical oxidants and are priority
III for carbon monoxide and nitrogen dioxide. Even though these regions
are classified priority III for carbon monoxide, strategy development was
performed since the national and state air quality standards were ex-
ceeded.
To be able to make an accurate assessment of needed control, it is of
course necessary to- have reliable emission inventory data as well as
reliable air quality data. Using these parameters in conjunction with
the air quality standards, it becomes possible to define the exact nature
of the problem. The emission inventory data for the Kentucky portions of
both the Louisville and Metropolitan Cincinnati Interstate Regions were
compiled by the Kentucky Air Pollution Control Commission staff using
1970 data. Data for other portions of the regions were obtained through
a.three month study!, commonly referred to as the "summer study",
coordinated by the Environmental Protection Agency which covered the
months of July, August, and September 1971. A detailed discussion of
both emission inventory data and air quality data are contained in
Sections 5.2 and 5.3 respectively.
It was decided, for simplicity, to base the control strategy on a propor-
tional, model . A proportional model, unlike a diffusion model, assumes a
one for one relationship between emissions and air quality without regard
to area or meteorological conditions. Therefore a given decrease in
emissions would bring about a corresponding improvement in air quality.
This is a necessary simplification for this set of pollutants in that
they do not lend themselves as easily to diffusional modeling as do part-
iculates and sulfur oxides; nor is the science of diffusional modeling
far advanced for carbon monoxide, hydrocarbons, photochemical oxidants and
nitrogen dioxide.
Many factors must be taken into consideration if a proportional model is
to reliably reflect existing and projected conditions. One of the prime
factors -is the ratio of mobile source emissions to stationary source
.emissions. This is true because of the control program the federal
government has been, and is still, pursuing in regard to automotive
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emissions. The Federal Motor Vehicle Control Program (FMVCP)2 calls for
progressively more stringent emission controls during future model years.
Because the emission limitations differ according to model year of the
automobile, a situation results where emissions vary as a function of
time. To simplify calculations of projected emissions from automobiles,
the Environmental Protection Agency has developed relationships in
graphical form that predict emission rates from automobiles for future
years. These relationships are based on certain assumptions including:
(1) emission control devices just meet existing and proposed standards
when new, but deteriorate with use;
(2) that new cars are driven more than older cars;
(3) that the average route speed is 18 miles per hour;
(4) that the age distribution of automobiles follows the national
pattern; and
(5)' that vehicle miles driven will increase in future years.
In constructing these graphs the year 1967 was assigned a value of one
and emissions for future years are given in relation to the 1976 value.
The data presented in Table 5.1 were computed from this set of curves
with a value of one assigned to the year 1970 and values for other years
computed in relation to 1970. This was done since 1970 was measured as
.the base year for the emission inventory. The values shown in Table 5.1
can be viewed as control factors in that all one must do to obtain auto-
motive emissions for future years is multiply 1970 emissions by the
factor-for the appropriate year. As used in this chapter, the term
"control factor" refers to the fraction remaining after application of
emission controls. Therefore a control technique which reduces emissions
by 80% would be assigned a control factor of 0.2. No control whatsoever
would be assigned a control factor of 1.0.
With stationary sources, it is necessary to consider the source category,
estimated growth, and available control techniques. The source cate-
gories and their relative contribution of a given pollutant are accurately
defined, by the emission inventory. All growth factors used in calculating
projected emissions were taken from the indices given the June 10, 1970
Economic-.Projection For Air Quality Control Regions.3 Growth was computed
on a simple rather than compound basis, ie, the percent increase is
simply the growth factor times the number of years from the base year of
,1970. In general, control techniques and regulations are patterned
closely, after federal regulations related to Section 110 of the Clean Air
Act (as' amended), entitled Requirements for Preparation, Adoption, and
Submittal of Implementation Plans,4 Appendix B, and published in the
Federal Register, August 14, 1570 (42CFR420). All control strategy cal-
culations, for the Kentucky portions of the interstate regions, were made
with the values shown in Tables 5.2 and 5.3. Calculations for the other
state were based on data obtained from those states.
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TABLE 5.1 AUTOMOTIVE EMISSIONS
WITH THE YEAR 1970 ASSIGNED A VALUE OF ONE
YEAR
1970
1971
1972
1973
1974
1975
1976
1977
1978
1979
1980
CARBON MONOXIDE
i.o
0.96
0.93
0.87
0.83
0.74
0.64
0.54
0.46
0.39
0.32
NITROGEN OXIDES
1.0
1.02
1.03
1.00
0.96
0.92
0.83
0.73
. 0.63
0.56
0.48
HYDROCARBONS
1.0
0.93
0.85
0.79
0.70
0.63
0.53
0.44
0.36
0.30
0.26
-162-
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TABLE 5.2. VALUES USED FOR CONTROL STRATEGY CALCULATIONS IN METROPOLITAN
CINCINNATI INTERSTATE AIR QUALITY CONTROL REGION
CO
i
SOURCE CATEGORY
FUEL COMBUSTION:
Residential
Commercial & Institutional
Industrial
Storm Electric Power Plant
PROCESS LOSSES:
Area
Chemical
Food & Agricultural
Metallurgical
Mineral
Petroleum Refining
Word Processing
Petroleum Storage
Miscellaneous
SOLID WASTE:
Incineration
Open Burning
TRANSPORTATION:
Diesel Powered Motor Vehicles
Off Highway Fuel Usage
Aircraft
Railroads
Vessels
Gasoline Handling Evaporative Losses
Motor Boats
MISCELLANEOUS
YEARLY GROWTH
FACTOR
0.011
0.048
0.038
0.036
0.038
0.045
0.018
0.017
0.03J
0.055
0.035
0.047
0.038
0.011
0.011
0.038
0.037
0.062
0.028
0.069
0.047
0.011
0.005
HYDROCARBONS
1.0
0.9
0.9
0.95
0.2
0.9
1.0
0.2
0.2
1.0
0.2
0.25
0.15
0.8
0.05
0,85
.0
.0
.0
1.0
0.)
.0
1.0
CONTROL FACTORS*
NITROGEN OXIDES
1.0
0.95
" 0.95
0.95
1.0
.0
.0
.0
.0
.0
.0
.0
T.O
.125
0.25
.0
.0
.0
.0
.0
.0
.0
.0
CARBON MONOXIDES
1.0
1.0
1.0
1.0
1.0
1.0
1.0
0.1
1.0
1.0
1.0
1.0
1.0
0.375
0.06
.0
.0
.0
.0
.0
.0
.0
.0
* Fraction remaining after applying controls
-------
TABLE 5.3. VALUES USED FOR CONTROL STRATEGY CALCULATIONS IN
LOUISVILLE INTERSTATE AIR QUALITY CONTROL REGION
I
cr>
i
SOURCE CATEGORY
FUtL COMBUSTION:
Residential
Commercial & Institutional
Industrial
Storm Electric Power Plant
PROCESS LOSSES:
Area
Chemical
Food and Agricultural
Metallurgical
Mineral
Petroleum Refining
Word Processing
Petroleum Storage
Miscellaneous
SOLID WASTE:
Incineration
Open Burning
TRANSPORTATION:
Diesel Powered Motor Vehicles
Off Highway Fuel Usage
Aircraft
Railroads
Vessels
Gasoline Handling Evaporative Losses
Motor Boats
MISCELLANEOUS
YEARLY GROWTH^
FACTOR
0.017
0.053
0.049
0.042
0.049
0.050
0.009
0.014
0.042
0.029
0.030
0.051
0.049
0.017
0.017
0.038
0.037
0.062
0.029
0.063
0.051
0.017
0.008
HYDROCARBONS
1.0
0.9
0.9
0.95
1.0
0.1
1.0
1.0
1.0
1.0
0.2
0.25
0.15
0.8
0.05
0.85
.0
.0
.0
.0
0.75
.0
.0
CONTROL FACTOR*
NITROGEN OXIDES
1.0
0.95
0.95
0.95
1.0
1.0
.0
.0
.0
.0
.0
.0
.ff
.125
0.25
.0
.0
.0
.0
.0
.0
.0
.0
CARBON MONOXIDES
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
0-1
1.0
1.0
1.0
0.875
0.06
.0
.0
.0
.0
.0
.0
.0
.0
* Fraction remaining after applying controls
-------
The values for both ambient air concentrations and emission values pre-
sented .in, .this section are predicated on stationary sources complying
with the applicable regulations in Chapter 7 by the given date. There-
fore the values presented for years prior to 1975 are only informational
since full compliance with all regulations is not anticipated until
1975.
It should also be noted that the emissions projected from automobiles as
a result of the Federal Motor Vehicle Control Program are possible only
if planned.controls of automotive exhausts do indeed produce such reduc-
tions. To be able to verify the efficacy of this program and to insure
that automobiles are maintained properly for emission control, Kentucky
is seeking authority through legislation, to inspect and test exhaust
emissions from automobiles on a periodic basis. A study will be per-
formed during the next biennium to define the exact nature of the auto-
motive pollution problem in the state. Additionally data will be gathered
which will form the foundation of any regulations that may be necessary
to cope with the problem.
5.1.1 METROPOLITAN CINCINNATI INTERSTATE AIR QUALITY CONTROL REGION (MCIAQCR)
5.1.1.1 Carbon Monoxide
For purposes of carbon monoxide strategy development, the second highest
.value for either the one-hour or eight-hour concentration (whichever
concentration presents the worst condition) is chosen as the value
defining the magnitude of the problem. The theory behind this is that
since the applicable national and state air quality standard is not to
be exceeded more than once per year, the value chosen as a base for
control strategy development should not be exceeded more than once per
year. Selecting the second highest value fulfills this condition whereas
selecting, the extreme value would set up a condition inconsistent with
the Language of the air quality standard, which would require control
strategy to prevent an air quality concentration already permissible in
the standard.
The maximum measured one-hour concentration of 15 parts per million did
not exceed the one-hour national or state air quality standard. There-
fore, the second highest eight-hour concentration of 9.9 parts per million
was chosen as the base for control strategy development. This indicates
that a 9.1 percent decrease in carbon monoxide emissions is necessary to
achieve the national air quality standard of 9 parts per million, eight-
hour concentration.
Applying the Federal Motor Vehicle Control Program and modifying emissions
from, stationary sources to reflect anticipated growth, a 21.4 percent
decrease in carbon monoxide emissions is projected for 1975. This is suf-
ficient to meet the national and state air quality standard by 1975. A
graphic display of projected eight-hour concentrations of carbon monoxide
.due to the FMVCP is shown by the solid line in Figure 5.1.
-165-
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12
11
10
9
8
7
6
5
4
3
2
1
NATIONAL AND STATE STANDARD
FMVCP
y
FMVCP + STATIONARY CONTROL^,
1970 1971 1972 1973 1974 1975 1976 1977 1978
CALENDAR YEAR
FIGURE 5.1 PROJECTED CARBON MONOXIDE CONCENTRATION IN THE
METROPOLITAN CINCINNATI INTERSTATE AIR QUALITY
CONTROL REGION AFTER APPLYING CONTROL TO
STATIONARY SOURCES AND/OR THE FEDERAL MOTOR
VEHICLE CONTROL PROGRAM (FMVCP)
1979 19P3
-166-
-------
The regulations adopted for control of carbon monoxide from stationary
sources provide additional protection and enhancement of the air quality.
These regulations provide for carbon monoxide control from grey iron
cupolas, blast furnaces, and basis oxygen furnaces. Combining the direct
effects of these regulations with the reductions produced through the
control of open burning and improved incineration brings about a total
reduction in carbon monoxide emissions of 27.2 percent by 1975. The pro-
jected eight-hour concentrations due to the combined effects of station-
ary source control and the FMVCP is shown by the dashed line in Figure
5.1.
The national and state air quality standards for carbon monoxide will be
met by 1975. A summary of values relative to the carbon monoxide control
strategy is shown in Tables 5.4 and 5.5. For a more detailed analysis
relative to 1975 emissions see Table A3c in Appendix A.
5.1.1.2 Nitrogen Dioxide
Since'the "summer study" did not encompass a full year of measurements,
it was necessary to estimate the annual average for nitrogen dioxide.
This estimate was made using the following empirical relationship:
Estimated Annual Average, ug/m3 = 25.2 + 0.76 (July-August-
September Average, ug/m3).
Utilizing this relationship, a value of 83 micrograms per cubic meter
(0.'043 parts per million) was obtained as the annual average and was con-
,sequently selected as the base value for control strategy development.
The national and state air quality standard for nitrogen dioxide is 0.05
parts per million, annual average. Consequently, this standard was met
for the base year (1970) and through 1980.
. Since the FMVCP will not effect a decrease in nitrogen dioxide emissions
from motor vehicles until the 1975 model year, increases of 10.7 percent
and 8.0 percent are projected for 1975 and 1977 respectively. (Figure
5.2 shows the projected annual average concentration as a result of the
FMVCP);
.The. application of nitrogen oxides emission limitation to new indirect
heat exchangers of 250 MM BTU/Hr or more will assure the maintenance of
the standard.
A summary of values relative to the nitrogen dioxide control strategy is
:shown in Tables 5.4 and 5.5. For a more detailed analysis relative to
.projected 1975 emissions see Table A3d in Appendix A.
5.1.1.3 ' Hydrocarbons and Photochemical Oxidants
Photochemical oxidants are not emitted directly but are formed by complex
-167-
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00
I
TABLE 5.4 SUMMARY OF CONTROL STRATEGY ANALYSIS FOR CARBON MONOXIDE,
HYDROCARBONS, PHOTOCHEMICAL OXIDANTS AND NITROGEN DIOXIDE
METROPOLITAN CINCINNATI INTERSTATE AIR QUALITY CONTROL REGION
NATIONAL
AIR QUALITY
STANDARD, PPM
CO 9.0a
Oxidants 0.08b
N0x 0.05C
CONCENTRATION
IN PPH FOR
STRATEGY DEVELOPMENT
9.9
0.12
0.042
EXISTING
EMISSIONS
TONS/ YEAR
995 ,680
214,474d
214,308
EMISSIONS REQUIRED
ACHIEVE STANDARDS
TONS/ YEAR
905,073
145,842d
120.441
EMISSIONS AFTER EMISSIONS AFTER
APPLICATION OF FEDERAL APPLICATION OF STATIONARY
MOTOR VEHICLE PROGRAM CONTROLS AND FMVCpe
1975 1977 1975 1977
782,495
170,657
237,257
613,072
146,902
231,408
725,050
134,371
227,932
553,190
108,666
220.827
a - 8 hour concentration
b - 1 hour concentration
c - Annual Average
d - Hydrocarbons
e - FMVCP = Federal Motor Vehicle Control Program
-------
I
cr>
i
TABLE 5.5 PROJECTED AIR QUALITY CONCENTRATION AND EMISSION VALUES FOR THE
METROPOLITAN CINCINNATI INTERSTATE AIR QUALITY CONTROL REGION WITH APPLICATION OF
FEDERAL MOTOR VEHICLE CONTROL PROGRAM AND STATIONARY SOURCE CONTROL
YEAR
1970
1972
1973
1974
1975
1976
1977
1976
1979
19CO
CARBON MONOXIDE
PROJECTED EMISSIONS
TONS/YEAR
995 ,680
886,421
835,553
802,215
725,050
639,120
. 553.190
484,790
423,157
365,523
PROJECTED 8-HOUR
CONCENTRATION, PPM
9.9
8.8
8.3
8.0
7.2
6.4
5.5
4.8
4.2
3.6
NITROGEN OXIDES
PROJECTED EMISSIONS
TONS/YEAR
214,308
221 ,943
224,574
226,253
227,932
224,855
220,827
216,799
215,625
213,499
PROJECTED ANNUAL AVERAGE
CONCENTRATION, PPM
0.042
0.044
0.044
0.044
0.044
0.042
0.040
0.039
0.038
0.037
PHOTOCHEMICAL OXIDANTS/HYDROCARBONS
PROJECTED EMISSIONS9
TONS/YEAR
214,474
163,228
153,626
143,515
134,371
120,777
108,666
98,038
90,377
85,681
PROJECTED 1 HOUPD
CONCENTRATION, PPM
0.12
0.091
0.087
0.080
0.075
0.068
0.061
0.055
0.51
0.048
a. Measured as hydrocarbon emissions
b. Measured as ambient concentration of photochemical oxidants
-------
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AMBIENT AIR QUALITY STANDARD
FMVCf\
V
FMVCP + STATIONARY CONTROL
_L
I
'1970 1971 1972 1973 1974 1975 1976 1977 1978 1979 1980
-., CALENDAR YEAR
FIGURE 5.2 PROJECTED NITROGEN OXIDES CONCENTRATION IN
THE METROPOLITAN CINCINNATI INTERSTATE AIR QUALITY CONTROL REGION
AFTER APPLYING CONTROL TO STATIONARY SOURCES AND/OR
THE FEDERAL MOTOR VEHICLE CONTROL PROGRAM (FMVCP)
-170-
-------
interactions when various pollutants, primarily hydrocarbons and nitrogen
oxides, are exposed to sunlight. It has been established that photo-
chemical oxidant levels vary as a function of the hydrocarbon level.
Therefore, the ambient air quality value for photochemical oxidants is
selected as a base for control strategy development with hydrocarbons
being the pollutant controlled.
The second highest one-hour concentration is chosen as the value for air
quality projections and control strategy development. The reasoning is
that since the applicable national and state air quality standard is not
to be exceeded more than once per year, the value chosen as a base for -
control strategy development should not be exceeded more than once per
year. Therefore selecting the second highest value, presents a situation
consistent with the language of the air quality standard in which the
standard may be exceeded once per year.
Proceeding on this premise a base value of 0.12 parts per million, one
hour concentration, was selected from the summer study for control
strategy.development.
The relationship between photochemical, oxidant concentrations and the
required reduction in hydrocarbon emissions to achieve the national air
quality standard is described in Figure 1, Appendix J of the Requirements
for Preparation, Adoption, and Submittal of Implementation Plans^Enter-
ing this curve with the value of 0.12 parts per million, a reduction of
32 percent in hydrocarbon emissions is indicated.
Applying.the FMVCP emission controls to automotive sources and modifying
stationary sources by anticipated growth, reductions in hydrocarbon
emissions of 20.4 percent and 31.5 percent are projected for 1975 and 1977
respectively. The projected one-hour concentrations as a result of the
FMVCP is shown by the solid line in Figure 5.3. As one can be seen from
this curve, the air quality standard will not be met until 1978 as a
result Of automotive control alone.
;To calculate the further reduction achieved through application of
controls to stationary sources, the hydrocarbon regulations contained in
Chapter 7 were applied to the appropriate sources. In addition to these
specific regulations, the reductions due to open burning control and im-
proved incineration practices were considered. Also it was assumed that
commercial and industrial fuel burning sources could achieve a 10 percent
reduction1 in hydrocarbon emissions and power plants were assumed to bring
about a 5 percent reduction. These reductions reflect the combined
effects-of improved equipment design, improved operating practices in
conjunction with some fuel substitution. The application of these
stationary source controls in combination with the FMVCP emission controls
will achieve the national and state air quality standard by 1975. A plot
of the projected one-hour concentration as a result of these regulations
and the FMVCP emission controls is shown by the dashed line in Figure 5.3.
As can be seen from this curve, the maximum one-hour concentration level
in 1975 is projected to be 0.075 parts per million. Also there is
-171-
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.02 -
.01 -
NATIONAL AND STAlt STANDARD
s.
+ STATIONARY CONTROL
I
I
I
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1970 1971 1972 1973 1974 1975 1976 1977 1978 1979 1980
CALENDAR YEAR
FIGURE 5.3 PROJECTED PHOTOCHEMICAL OXIDANTS CONCENTRATION
IN THE METROPOLITAN CINCINNATI INTERSTATE AIR
QUALITY CONTROL REGION AFTER APPLYING CONTROL
TO STATIONARY SOURCES AND/OR THE FEDERAL MOTOR
VEHICLE CONTROL PROGRAM (FMVCP)
-172-
-------
continued enhancement of the air quality through the year 1980.
A summary of the control strategy is shown in Tables 5.4 and 5.5. A
more detailed breakdown of projected emissions from various sources is
shown in Table A3e of Appendix A.
5.1.2 LOUISVILLE INTERSTATE AIR QUALITY CONTROL REGION (LIAQCR) ^
5.1.2.1 Carbon Monoxide
The maximum measured one-hour concentration of 17 parts per million did
not exceed the one-hour national or state air quality standard. There-
fore, th,e control strategy is based on the second highest eight-hour
concentration using the same rationale outlined in Section 5.1.1.1. This
value of 10.5 parts per million exceeds the related national and state
air quality standard of 9 parts per million. A reduction of 13.3 per-
cent is needed to achieve the national and state standard.
A reduction of 18.5 percent can be achieved by 1975 through application
of the FMVCP emission control. This is adequate to meet the national
air quality standard and will provide air quality enhancement through
the year" 1980. A graphic display of this projected air quality is-shown
by the solid line in Figure 5.4.
The regulations adopted for control of caroon monoxide from stationary
sources.provide additional enhancement and protection of the air quality.
Considering these regulations, which provide for carbon monoxide control
from grey iron cupolas and waste gas streams from petroleum processes, in
conjunction with the FMVCP, an eight-hour concentration of 7.3 parts per
million is projected for 1975. The dashed line in.Figure 5.4 is a plot
of air Duality versus time through the year 1980.
A summary of the control analysis is shown in Tables 5.6 and 5.7. For a
more detailed view of projected emissions from various sources categories
see Table A6c of Appendix A.
5.1.2.2 Nitrogen Dioxide
Utilizing the method outlined in Section 5.1.1.2, the estimated annual
average ,for nitrogen dioxide is 0.040 parts per million. Therefore, the
national and state air quality standard of 0.05 parts per million, annual
average.is met for the base year.
Application of the FMCVP emission controls will bring about increases of
13.0 -percent and 13.1 percent by 1975 and 1977 respectively. As can be
seen: from the solid line in Figure 5.5, the national or state air
quality standard will continue to be met through the year 1980.
The' application of Nitrogen oxides emission limitation to new indirect
heat exchangers of 250 MM BTU/Hr or more will assure the maintenance of
.the standard.
-173-
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5 3
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OHM m STATE STANDARD
FMVCP + STATIONARY CONTROL
I
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1970 1971 1972 1973 1974 1975 1976 1977 1978 1979 1980
CALENDAR YEAR
FIGURE 5.4 PROJECTED CARBON MONOXIDE CONCENTRATION IN
THE LOUISVILLE INTERSTATE AIR QUALITY CONTROL
REGION AFTER APPLYING CONTROL TO STATIONARY
SOURCES AND/OR THE FEDERAL MOTOR VEHICLE
CONTROL PROGRAM (FMVCP)
-174-
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TABLE 5.6 SUMMARY OF CONTROL STRATEGY ANALYSIS FOR CARBON MONOXIDE,
HYDROCARBONS, PHOTOCHEMICAL OXIDANTS, AND NITROGEN DIOXIDE
LOUISVILLE INTERSTATE AIR QUALITY CONTROL REGION
NATIONAL
AIR QUALITY
STANDARD, PPM
CO 9.0a
Oxidants 0.08b
N0x 0.05°
CONCENTRATION
IN PPM FOR
STRATEGY DEVELOPMENT
10.5
0.140
.040
EXISTING
EMISSIONS
TONS/YEAR
344,560
87,253d
99,629
EMISSIONS REQUIRED
ACHIEVE STANDARDS
TONS/ YEAR
298,734
48,862
57,884
EMISSIONS AFTER
APPLICATION OF FEDERAL
MOTOR VEHICLE PROGRAM
1975
280,813
78,071
112.596
1977
227,878
72,348
112,676
EMISSIONS AFTER
APPLICATION OF STATIONARY
CONTROLS AND FMVCPe
1975
239.647
47,398
107,034
1977
184,512
39,369
106,695
a - 8 hour concentration
b - 1 hour concentration
c - Annual Average
d - Hydrocarbons
e - FMVCP - Federal Motor Vehlrle Control Program
-------
TABLE 5.7 PROJECTED AIR QUALITY CONCENTRATIONS AND EMISSION VALUES FOR THE
LOUISVILLE INTERSTATE AIR QUALITY CONTROL REGION WITH APPLICATION OF
FEDERAL MOTOR VEHICLE CONTROL PROGRAM AND STATIONARY SOURCE CONTROL
YEAR
1970
1972
1973
1974
1975
1976
1977
1978
1979
1980
CARBON MONOXIDE
PROJECTED EMISSIONS
TONS/YEAR
344,619
290,939
274,793
264,359
239,647
212,080
184,512
162,656
143,655
124,654
PROJECTED 8-HOUR
CONCENTRATION, PPM
10.5
8.9
8.4
8.1
7.3
6.5
5.6
5.0
4.4
3.8
NITROGEN OXIDES
PROJECTED EMISSIONS
TONS/YEAR
99.629
101,887
103,818
105,426
107,034
107,026
106,695
106,364
107,002
107,317
PROJECTED ANNUAL AVERAGE
CONCENTRATION, PPM
0.040
0.043
0.044
0.044
0.044
0.045
0.045
0.045
0.045
0.045
PHOTOCHEMI CAL OX I DANTS/HYDROCARBONS
PROJECTED EMISSIONS*
TONS/YEAR
87,253
56,268
53,962
50,192
47,398
43.139
39,369
36 ,887
33,781
32,452
PROJECTED l-HOURb
CONCENTRATION, PPM
0.140
0.090
0.087
0.081
0.076
0.069
0.063
0.058 _
0.054
0.052
a. Measured as hydrocarbon emissions
b. Measured as ambient concentration of photochemical oxidants
-------
5.1.2.3 Hydrocarbons and Photochemical Oxidants
Using the rationale outlined in Section 5.1.1.3, a base value for photo-
chemical oxidants of 0.14 parts per million, one-hour concentration, was
.selected, from the summer study for control strategy development. This
indicates that a reduction of 44 percent in hydrocarbon emissions is
necessary to achieve the national and state air quality standard of 0.08
parts per million for photochemical oxidants.
Applying the FMVCP emission controls to automotive sources and modifying
stationary sources by anticipated growth, reductions in hydrocarbon
emissions of 10.5 percent and l/.l percent are projected for 1975 and
1977 respectively. This clearly will not be sufficient to meet the air
quality standard and it will be necessary to apply stationary source
control. The solid line in Figure 5.6 is a plot of the projected one-
hour concentrations of photochemical oxidants due to application of the
FMVCP emission controls through the year 1980. As can be seen from this
plot, the air quality standard would not be met through the year 1980
:with application of FMVCP alone.
To calculate the further reduction achieved through application of
controls to stationary sources, the hydrocarbon regulations contained in
Chapter 7 were applied to the appropriate sources. In addition to these
specific regulations, the reductions due to open burning control and
improved, incineration practices were considered. Also it was assumed
that commercial and industrial fuel burning sources could achieve a 10
percent reduction in hydrocarbon emissions and power plants were assumed
to bring about a 5 percent reduction. These reductions reflect the com-
bined effects of improved equipment design and improved operating
practices in conjunction with some fuel substitution. The application of
these stationary source controls in combination with the FMVCP will
achieve :the national and state air quality standard for photochemical
oxidants by 1975. A plot of the projected air quality as a result of
these regulations and the FMVCP is shown by the dashed line in Figure 5.6.
As can be seen from this curve, the air quality in 1975 is projected to
be 0.076 parts per million. Also there is continued enhancement of the
air quality through the year 1980.
A summary of the control strategy analysis is shown in Tables 5.6 and
5.7. A 'more detailed breakdown of projected emissions from various
sources is shown in Table A6e Appendix A.
(2>0) 5.2 EXISTING EMISSION INVENTORY
Tables.showing 1970 emission inventory data with respect to carbon mono-
xide, hydrocarbons and nitrogen oxides are in Appendix A to this Plan.
A. dash mark (-) in the emission inventory tables represents negligible
emissions of less than 0.5 tons per year, as opposed to zero (0) in which
case no-.emissions were calculated.
-177-
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FMVCP
\
NATIONAL AND STATE STANDARD
FMVCP + STATIONARY CONTROL
19701971197219731974197519761977197819791980
CALENDAR YEAR
FIGURE 5.6 PROJECTED PHOTOCHEMICAL OXIOANTS CONCENTRATION IN
THE LOUISVILLE INTERSTATE AIR QUALITY CONTROL
REGION AFTER APPLYING CONTROL TO STATIONARY SOURCES
AND/OR THE FEDERAL MOTOR VEHICLE CONTROL PROGRAM
(FMVCP)
-179-
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Figures 5.7 through 5.9 of this section show the percentage contributions
of the five Sdiirce categories to the regional pollution picture by
pollutant. Some contributions are zero or negligible and do not show up
on the charts, but are pointed out in the figures by notation. The five
categories are,as follows: Fuel combustion - stationary sources, process
losses, solid-waste disposal, transportation and miscellaneous area
sources.
The discussion .to follow will deal primarily with extremes of high cr
low contributions. Some categories falling in between may be deleted
from discussion. The reader is referred to the pie charts for the
relative contribution of any category not specifically mentioned in the
text.
5.2.1 Appalachian Air Quality Control Region
Transportation and miscellaneous area sources (primarily burning coal
refuse disposal areas) are the two largest contributors to the total
emissions .of carbon monoxide (CO), hydrocarbons (HC) and nitrogen oxides
(NOX) in the Appalachian Region (See Figure 5.7).
Carbon monoxide (CO) emissions in the region (296,098 tons for 1970)
accounted for 19.2% of the state's total CO emissions. This makes the
Appalachian Region the one with the largest total CO emissions in rela-
tion to the state's other eight regions. Stationary fuel combustion and
process sources are practically insignificant contributors of CO in the
region with emissions from process sources being negligible and
stationary fuel combustion sources adding only 0.3% of the total regional
CO emissions.
Hydrocarbons (HC) emissions (57,003 tons) in the Appalachian Region
during 1970 accounted for 13.7% of the state's total hydrocarbon
emissions, second only to the Louisville Region in percentage contribu-
tion, to state HC total. As regards relative source category contribution
to regional total HC emissions, solid waste disposal (mainly point source
burning) ranked, third, following transportation and miscellaneous area
sources. Solid waste disposal accounts for 9.2% of the regional total.
Stationary fuel combustion and process losses are minor contributors to
the overall regional hydrocarbon total as seen in Figure 5.7.
Nitrogen oxides (NOX) emissions in the Appalachian Region which amounted
to 50,587 tons in 1970 represented 8.8% of the state's total NOX emissions.
This placed it third in ranking relative to regional contributions to
state total NOX. Figure 5.7 shows transportation and miscellaneous area
sources as the two larger NOX emitting categories and stationary fuel
combustion as the third ranking category. Area source stationary fuel
combustion (SFC) emissions predominated the SFC total. There was no NOX
emissions from process losses reflected in the 1970 emission inventory
for the Appalachian Region.
-180-
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., .'-. CARBON MONOXIDE
HYDROCARBONS
NITROGEN OXIDES
'S. Fuel
Combustion
Process Losses
. -olid S. Fuel
\_Waste Combustion
9.7% 0.6°*
Process
Losses
1.4%
olid
aste
9.25;
S. Fuel
Combustion
5.6!
Negligible
APPALACHIAN AIR QUALITY CONTROL REGION
Solid
Waste
2.0%
Process Losses » 0»
Fuel
Combustion
0.7%
Solid
Waste
-5.52
S. Fuel
Combustion
1.4*
Process
Losses
o.n
Process Losses = 0%
Misc. Area Sources = Negligable
BLUEGRASS AIR QUALITY CONTROL REGION
S. Fuel
Combustion
0.3*
Solid
Waste
5.3S
Process
Losses 3.8«
. Area Sources =
Negligible
Solid
'Waste
8.95,
S. Fuel
Combustion 0.8?
Process
Losses 1.82
Misc. Area Sources *
Negligible
»
Process \Combustion
Losses & 7.6%
Misc. Area Sources =
Negligible
METROPOLITAN CINCINNATI INTERSTATE AIR QUALITY CONTPOL REGION (Kentucky Portion Only)
Figure 5.7 Relative Contributions of Regional Total Source Category Emissions to
Regional Pollutant Totals
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5.2.2 Bluegrass Air Quality Control Region
Transportation was the largest contributing category to the emissions
Of all three pollutants: Carbon Monoxide (93.7%), Hydrocarbons (70.
and Nitrogen Oxides (67.2%) in the Bluegrass region during 1970. (See
Figure 5.7').
Carbon monoxide (CO) emissions, 200,430 tons for 1970 in the Bluegrass
Region;, were 13.0% of the state's total CO emissions. This makes this
region the third ranking CO emitting region in the state. Solid waste
disposal was the second largest contributing category to the Bluegrass
region's CO emissions. Process losses of CO were zero for the region in
1970 and miscellaneous area source emissions were very minor, only 0.1%
of the regional CO total.
Hydrocarbons (HC) emissions in the Bluegrass region for 1970 (53,837
tons) were 13.0% of Kentucky's total HC emissions. Second to transpor-
tation as a category contributing to the regional total HC emissions was
process losses with 14,434 tons or 21.2% of the regional total. These
losses resulted mainly from the food and agricultural industries.
Particularly, fermentation processes (distilleries, whiskey storage) were
the largest contributors in this category. Miscellaneous area source
emissions were only 0.1% of the regional total HC emissions.
Nitrogen oxides (NOX) emissions, 46,940 tons for 1970 in the Bluegrass
Region, represented 8.1% of the state's total NOX emissions. The second
largest contributing category (following transportation) to the regional
total NOX emissions is stationary fuel combustion (SFC). In this region
point source NOX emissions from stationary fuel combustion sources pre-
dominated, making up 77.5% of the region's total NOX emissions from SFC
sources. This is attributable to the power plants and numerous dis-
tilleries operating during 1970 in the region. Miscellaneous area source
emissions of NOX for the region were negligible for 1970 and process
losses accounted for only 0.1% of the regional NOX total.
5.2.3 Metropolitan Cincinnati Interstate Air Quality Control Region (Kentucky
Portion)~
In the Cincinnati region transportation was the largest emitter of all
three pollutants: Carbon Monoxide (90.6%), Hydrocarbons (88.5%) and
Nitrogen Oxides (89.7%). Percentages are of the regional total of
each pollutant (See Figure 5.7).
Carbon Monoxide (CO) emissions for the region in 1970 were 127,346 tons
or 8.3% of the state's total CO emissions. Second to transportation in
rank toward the 127,000 + tons was solid waste disposal with 6,697 tons
or 5.3% of the regional total CO emissions. Process losses were third
with its 3.8% coming solely from metallurgical industries. Miscellaneous
area source CO emissions were negligible in 1970 and stationary fuel
combustion accounted for only 0.3% of the regional total CO.
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Hydrocarbons (HC) emissions'in the Cincinnati Region amounted to 27,628
tons in 1970 or 6.7% of the Kentucky total HC emissions. Solid waste
disposal-..'ranked second to transportation in percent contribution to
regional- total HC, emitting 8.9% of the total. Miscellaneous area
source HC emissions were negligible and stationary fuel combustion
sources emitted a relatively minor amount of HC, only 0.8% of the re-
gional total. (See Figure 5.7).
Nitrogen Oxides (NOX) emissions in the Cincinnati Region were 21,101
tons or only 3.6% of the total state's NOX emissions. This means that
this region accounted for less of Kentucky's total NOX than any other
region in the state. Second to transportation in categorical contri-
bution to regional total NOX was stationary fuel combustion with 7.6%
(See Figure 5.7). The percentage contribution of the emissions of
NOX from process losses and miscellaneous area sources to the regional
total NOX were negligible.
5.2.4 Evansvi11e-Owensboro-Henderson Interstate Air Quality Control Region
(Kentucky Portion) (Referred to herein~as the Evansvilie-Henderson
Region)
Carbon Monoxide (CO) emissions for the Evansville-Henderson region were
83,311 ,tons in 1970. This was 5.4% of Kentucky's total CO emissions.
Consequently, this region has the least total CO emissions of any region
in .the state. Transportation tops the list of contributors to the
.regional, total CO emissions with 84.4%. Solid waste disposal ranks
second to transportation in relative contribution to the regional CO
total.- Process losses and miscellaneous area sources rank third and
.-fourth respectively. The process loss contribution was due primarily
.to a 'Single wood processing plant (papermill) while the miscellaneous
area-source contribution resulted mainly from burning coal refuse.
.Hydrocarbons (HC) emissions in the region for 1970 were 22,113 tons or
5.3% ofthe state's total HC emissions. As with CO, the region ranks
lowest also in hydrocarbon emissions of any other region in the state.
Transportation ranks first in the region with 65.6% of the region's
.HC emissions. Second to transportation in relative contribution to
the region's total HC emissions were process losses with 21.5%. This
came mainly from the food and agricultural industries, the largest
sources being distilleries. Solid waste disposal ranked third in the
region as a source of hydrocarbon emissions with 1,745 tons (7.9%).
(See Fi.gure 5.8).
' ''
Nitrogen Oxides (NOX) emissions for 1970 in the Evansvilie-Henderson
Region amounted to 40,859 tons or 7.1% of the state's total NOx
emissions. For this region transportation took a second place to
stationary fuel combustion as the major source of NOX. Transportation
accounted for only 31.3% of the regional NOX (12,803 tons) while
stationary fuel combustion sources accounted for 59.8% of the total
NOX for-.the region. This large contribution by stationary fuel combus-
tion (SFC) sources and in particular, as it is, by point source SFC
-183-
-------
sources is attributable to the five power plants operating in the re-
gion in 1970. These accounted for approximately 90% of the stationary
fuel combustion category's 24,424 tons of NOX emissions during 1970
for the region. Solid waste disposal and miscellaneous area sources
contributed a relatively minor 0.9% and 1.0% respectively to the re-
gional total of Nitrogen Oxides emissions. The pie charts of Figure
5.8 best illustrate the relative contributions of the various source
categories.
5.2.5 Huntington-Ashland-Portsmouth-Ironton Interstate Air Quality Control
Region (Kentucky Portion) (Referred to herein as the Huritington-~
Ashland Region)
Carbon Monoxide (CO) emissions in the Huntington-Ashland Region
amounted to 6.3% of the total Kentucky CO emissions. This is the
second lowest ranking region in CO emissions in the state. Transpor-
tation, as can be seen from Figure 5.8, is the largest CO emitter in
the region with Process Losses being second. Petroleum refining and
petrochemical operations made up about 64% of the total process loss
CO emissions. Metallurgical operations contributed the bulk of the
remaining 36%.
Regional hydrocarbons (HC) emissions made up 8.0% of the state's
total-He emissions. The major portion of HC in the region came from
. transportation (47.3%) with a nearly equal portion (42.6%) coming from
process losses, primarily petroleum refining and petrochemical opera-
tions. .Miscellaneous area sources were minimal contributors of HC
with only 0.9% of the regional total.
Nitrogen.oxides (NOX) emissions amounted to 6.7% of the state's total
NOX emissions. Stationary fuel combustion, particularly by point
sources, was top contributor with 62.7% of the regional total NOX
emissions. The bulk (or about 80%) of the NOX emissions from station-
ary fuel combustion came from power plants in the region. Transpor-
tation accounted for 35.9% of the total NOX in the region to place
second in rank. Miscellaneous area source emissions were negligible
and process losses amounted to only 0.2% of the regional NOX total.
Figure 5,.8 gives the completed NOX picture.
5.2.6 Louisville Interstate Air Quality Cojitrol Regjon (Kentucky Portion)
Carbon Monoxide (CO) emissions for the Louisville region in 1970 amounted
to 255,077 tons. This is 16.5% of the state's total CO emissions.
Transportation accounted for 82.5% of the regional total or 210,563 tons.
This was.the maximum contributor. The next highest contributor was the
process losses category with 25,200 tons (9.9%). Petroleum Refining
and petrochemical operations contributed the bulk (98%) of the process
CO. Miscellaneous area source emissions of CO were negligible relative
to the regional total.
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CARBON MONOXIDE
HYDROCARBONS
NITROGEN OXIDES
Process Losses
S. Fuel
ombustion '.
Transport 59'8'*
tation
31.3*
Misc.
Area
Sources ' 4.5
3.0% S. Fuel Combustion
1.4%
Area Sources
1.9%
S. Fuel
ombustion
3.12
-"Misc. Area
Sources
.os
EVANSVILLE-OWENSBORO-HENDERSON
INTERSTATE AIR QUALITY CONTROL REGION
Solid Waste
6,3%
Process Losses
0.2?:
Sources S. "Fuel
1.1% Combustion
1.7%
Process
Transpor-V ^
Solid! tation * aZ'6S
Waste \ 47.2%
.7.0%
sa- V ll\ ^t^
o a? Misc.
y-0l° Area Sources
0.9%
Misc. Area Sources =
Negligible
HUNTINGTON-ASHLAND-PORTSMOUTH-IRONTON
INTERSTATE AIR QUALITY CONTROL REGION
Solid Waste
5.1?:
Solid Waste
S. Fuel J
Combustion
4.2?;
Misc. Area Sources =
Negligible
S. Fuel
Combustion
2.4%
S. Fuel
Combustion
Transport 56.85
tation
41.0%
Misc. Area Sources =
Negligible
Misc Area Sources = Of
Process Losses =
Neolioible
LOUISVILLE INTERSTATE AIR QUALITY CONTROL REGION
*(A11 Regions Above Represent Kentucky Portions Or>ly)
Figure 5.6 Relative ContriCLtions c* Region;! 'ctel Source Category -missions
To Recional Pollutant Totals.
-185-
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Hydrocarbons (HC) emissions for the region were 68,379 tons or 17.7%
of the state's total HC emissions. Transportation sources account for
the most of the HC emissions (60.6%). Process loss emissions of hydro-
carbons amounted to 31.9% of the regional HC, coming up second in
rank. Miscellaneous process point sources contributed the bulk (66%)
of the HC from process losses. This is attributable primarily to
solvent emissions from paint spray booths and printing facilities in
the region. Miscellaneous area source emissions were negligible
relative to the regional total HC emissions.
Nitrogen Oxides (NOX) emissions for 1970 in the Louisville Region
amounted to 69,447 tons or 12.0% of the state's total NOX emissions.
Stationary fuel combustion sources emitted 56.8% of the total regional
NOX or.39,438 tons, making stationary fuel combustion the top ranking
contributor of NOX in the region. Transportation ranks second with
28,456 .tons or 41.0% of the regional total NOX. The percentage con-
tribution of process losses was negligible and miscellaneous area
sources was nil.
5.2.7 North Central Air Quality Control Region
Transportation sources in the region during 1970 contributed more car-
bon monoxide, hydrocarbons, and nitrogen oxides than any other source
category as seen in Figure 5.9.
Carbon monoxide (CO) emissions in the North Central Region for 1970
amounted to 128,338 tons or 8.3% of Kentucky's total CO emissions.
The'second largest contributor to this regional total was solid waste
disposal with 5.1% of the total. Emissions from fuel combustion and
'miscellaneous area sources were nearly insignificant with percentage
contributions to the regional pollutant total of 0.6% and 0.2% respec-
tively.' Process losses contributed a negligible percentage, only 2
tons of CO being emitted in 1970 for the region.
Hydrocarbons (HC) emissions in the region for 1970 were 45,448 tons or
.10.9% of the state total HC emissions. The second largest contributor
to this total, following transportation, was process losses which con-
tributed 39.8% of the regional total HC. More than 60% of the 18,076
tons of HC emitted from process sources in 1970 in the region came
from food and agricultural industries or almost exclusively from the
distilling industry. Thirty-four-plus percent of the process HC came
'from the chemical process industries. Solid waste disposal ranked
third in the region as an HC source showing 5.2% of the regional total.
Stationary fuel combustion source emissions, as well as emissions from
miscellaneous area sources, were very minor with relative contribu-
tions,-of'1.0% and 0.2% respectively.
Nitrogen Oxides (NOX) emissions in the North Central Region amounted to
26,676 tons or only 4.6% of the state's total NOX emissions. This
places the region as the second-lowest NOX contributor of all the state's
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CARBON MONOXIDE
HYDROCARBONS
NITROGEN OXIDES
Mi ic.
Area Sources
0.2X
S. 'Fuel
Combustion
0.6%
Solid Waste
5.1°* Misc.
Areas Sources
0.23-
S. Fuel
Combustion
-LOS
Process Losses = Negligible
NORTH CENTRAL AIR QUALITY CONTROL REGION
S. Fuel
Combustion 15.65.
Misc. Area Sources &
Process Losses = Negligible
Misc.
Area
Sources 9.1?
olid
Waste 4.7S"
Process Losses
3.4S Misc
S. Fuel Combustion
3.2%
Area
Sources
6.7%
S. Fuel Combustion
4.8°.
Process
Losses 10.6%
Solid
Waste
0.3S
Process Losses = Negligible
PADUCAH-CAIRO INTERSTATE AIR QUALITY CONTROL REGION
(Kentucky Portion Only)
Transportation
11.6%
S. Fuel 'Combustion
0.7S
Process Losses = 0«
S. Fuel
. Fuel Combustion 1.7'« Combustion 37.5«
Process Losses = Negilible
SOUTH CENTRAL AIR QUALITY CONTROL REGION
Figure 5.9 Relative Contributions of Regional Total Source Category Emissions to
Regional "ollutant Totals
-187-
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regions. As Figure 5.9 shows, transportation was by far the largest
contributor to the regional total, followed by stationary fuel com-
bustion wjth 15.6% of the regional NOX emissions. Solid waste dis-
posal contributed only 2.1% of the regional total and the percentage
contributions of process losses and miscellaneous area sources were
negligible.
5.2.8 Paducah-Cairo Interstate Air Quality Control Region (Kentucky Portion)
Carbon Monoxide (CO) emissions in the Paducah-Cairo Region amounted
to 201,464 tons in 1970 or 13.1% of the state's total CO emissions.
Transportation had the highest relative contribution of 79.6% (160,426
tons). Second ranked was miscellaneous area sources (Primarily burning
coal refuse) with 9.1% of the total regional CO. The three remaining
categories, stationary fuel combustion, process losses, and solid
waste, disposal were nearly equal with relative contributions of 3.2%,
3.4% and'4.7% respectively.
Hydrocarbons (HC) emissions for the region were 46,191 tons or 11.1%
of the.state's total HC emissions. As in the case of CO for the
region, transportation ranked highest in emissions of HC, accounting
for 70.1% of the regional total hydrocarbons. Process losses,
primarily chemical process industries ranked second with 10.6%. The
next three categories in order of descending rank were solid waste
disposal. .(7.8%), miscellaneous area sources (6.7%) and stationary fuel
combustion with 4.8% of the regional total HC.
Nitrogen Oxides (NOX) emissions for this region were 243,164 tons.
This is 42.1% of the state's total NOX emissions. Consequently, the
Paducah-Cairo region is the highest regional emitter of NOX. Stationary
fuel.combustion sources are the largest contributors of NOX. These
account'for 86.9% of the region's total NOX emissions. Point source
stationary fuel combustion facilities emitted the bulk (99%) of this
category's 211,263 tons in 1970. Coal-fired power plants in the region
accounted for 98% of the region's total stationary fuel combustion
NOX emissions. Transportation ranked second in the region as an NOX
emitting source category, accounting for 11.6% of the total regional
NOX. Miscellaneous area sources and solid waste disposal ranked third
and fourth with respective contributions of 1.2% and 0.3%. Process
losses, were negligible with respect to the NOX regional total.
5.2.9 ,South Central Air Quality Control Region
Carbon .Monoxide (CO) emissions in the region for 1970 amounted to
152,361.-tons or 9.9% of Kentucky's total CO emissions. Transportation
accounts for 92.1% of the regional total CO. Solid waste disposal
ranked-second, accounting for only 6.7% of .the.regional total. Emis-
sions from stationary fuel combustion and miscellaneous area sources
were very small with relative contributions of 0.7% and 0.5% respectively.
There were no CO emissions from process losses in the region in 1970.
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Hydrocarbons (HC) emissions in the region were 33,017 tons or 8.0% of
the state's total HC emissions. By far, the largest HC-emittinq
category in the region was transportation which accounted for 85.3%
of the hydrocarbons in the region. Solid waste disposal ranked second
with 3,069 tons of HC emissions or 9.3% of the regional total. The
three remaining categories in order of descending relative contribu-
tions are.process losses (3.0%), stationary fuel combustion (1.7%) and
miscellaneous area sources with 0.7% of the regional total HC emissions.
Nitrogen Oxides (NOx) emissions in the South Central region for 1970
were 40,161 tons. This was 7.0% of the state's total NOX emissions.
Sixty and one-half percent of the total NOX for the region resulted
from transportation. Second in rank was stationary fuel combustion
which accounted for 37.5% of the region's total NOX emissions. Point
sources account for the bulk (81%) of the stationary fuel combustion
total. .A power plant and a liquid hydrocarbon plant collectively
made up about 80% of these point source emissions. Solid waste dis-
posal and miscellaneous area sources rank third and fourth with
.relativ^ contributions to the NOX regional total of 1.7% and 0.3%
respectively. Process losses of NOX in the region were negligible
relative to the regional total, the total NOX emissions from this cate-
gory being-only 21 tons.
(2.0) 5.3 AIR QUALITY DATA
Data showing existing air quality with respect to nitrogen dioxide,
photochemical oxidants, and carbon monoxide for the Metropolitan
Cincinnati and the Louisville Interstate Air Quality Control Regions,
are submitted in Tables 5.8 and 5.9. These regions are classified
Priority I with respect to nitrogen dioxides and photochemical
oxidants and Priority III with respect to carbon monoxide. The data
were obtained through a cooperative three month study^ coordinated by
Office of Air Programs, Environmental Protection Agency during the
month of.June through September, 1971.
5.3.1 Metropolitan Cincinnati Interstate Air Quality Control Region
Air .monitoring for nitrogen dioxide, using the 24-hour bubbler type
samplers, was conducted in two areas; Covington, Kentucky and
Cincinnati, Ohio. Carbon monoxide and photochemical oxidants data
were'gathered at the Cincinnati CAMP station operated by the City of
Cincinnati, Air Pollution Control Office. The data are submitted
in Table 5.8.
The national and state primary standard of 0.05 parts per million,
annual arithmetic mean for nitrogen dioxide was exceeded at both
sites.
The one-hour national and state standard for carbon monoxide of 35
parts per million was not exceeded. However the eight-hour national
and state carbon monoxide standard of 9 parts per million was exceeded.
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TABLE 5.8 SUMMARY OF 'AIR QUALITY DATA AS SITES WITHIN THE
METROPOLITAN CINCINNATI INTERSTATE AIR QUALITY CONTROL REGION (PMM*)
POLLUTANT
Carbon Monoxide
(CO)
Photochemical Oxidants6
-------
Both the national and state primary standards for photochemical oxidants
of 0.08 parts per million, 1-hour maximum, corrected for contribution
of nitrogen dioxide and nitric oxide, were exceeded.
5.3.2 Louisville Interstate Air Quality Control Region
Air quality monitoring for nitrogen dioxide, photochemical oxidants
(measured as ozone) and carbon monoxide was conducted within the city
limits of Louisville. The sampling sites were fended by the staff of
the Air Pollution Control District of Jefferson County. The data are
submitted in Table 5.9.
The estimated annual arithmetic mean for nitrogen dioxide in Louisville
exceeded national and state primary standard of 0.05 parts per million.
The carbon monoxide levels measured were in excess of the national and
state primary standard of 9 parts per million, 8-hour average, on two
separate days.
'Levels for photochemical oxidants measured as ozone exceeded both the
national and state primary standard of 0.08 parts per million, one-
hour' maximum.
(2.0) 5.4 .REFERENCES
1. 1971 'Implementation Plan Summer Study for Carbon Monoxide, Nitrogen
Dioxide and Photochemical Oxidants, coordinated by Division of
. Atmospheric Surveillance, Environmental Protection Agency, Research
Triangle Park, North Carolina, 27711.
2. Control of Air Pollution From New Motor Vehicles and New Motor
. Vehicle Engines. 45 CFR 1201.'
3. Economic Projections for Air Quality Control Regions, U.S. Depart-
ment of Commerce, June 10, 1970.
4. Requirements for Preparation, Adoption, and Submittal of Implemen-
tation Plans published in the Federal Register, August 14, 1971
(42 CFR 420) pursuant to requirements of the Clean Air Act (as
amended).
-191-
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TABLE,5.9 SUMMARY OF AIR QUALITY DATA AT THE KENTUCKY SITES WITHIN THE
LtWISVlLLE INTERSTATE AIR QUALITY CONTROL REGIuN (fPMa)
POLLUTANT
Carbon Monoxide
(CO)
Photochemical Oxidants6
<03>
Nitrogen Dioxide
(N02)
STA.9
NO.
31
48
46
SITE LOCATION UTMb (Km)
ADDRESS
621 H. Jefferson
St., Louisville
V.A. Hosp., Zorn
Ave., Louisville
Eastern Pkwy. &
3rd. , Louisville
NORTHING
4234.6
4236.4
4229.9
r EASTING
608.3
614.0
608.9
PERIOD
7/12/71-9/28/71
7/1/71-9/30/71
7/5/71-9/30/71
NO.
OBS.
1584°
1836C
29f
MAXIMUM
1-Hr.
17.0
0.14
_
MAXIMUM
8-Hr.
10.8
.
.
MAXIMUM
24-Hr.
.
_
0.162
ANNUAL
ARITHMETIC
MEAN
.
_
0.086
%
10
rv>
i
a. 1 ppm CO = 1.145 mg/m , referenced to 25°C and 760 nm Hg
1 ppm 03 = 1963 ug/m , referenced to 25°C and 760 nm Hg
1 ppm N02 = 2000 ug/m , referenced to 25°C and 760 mm Hg
b. UTM Zone 16
c. One-hour averages
d Non-dispersive Infrared Method - Continuous
e. Cheniiluminescence Method - Continuous
f. Jacobs-Hocnheiser Method - 24-hour bubbler sample every 3 days
g. Jefferson County Air Pollution Control District Designations
-------
REGULATION NO. AP-4
KENTUCKY AIR POLLUTION
CONTROL COMMISSION
(50.2) SUBJECT: Control of Sulfur Compound Emissions
(51.6) 1. Emissions from Indirect Heat Exchangers
(1) New Installations of Indirect Heat Exchangers
(a) No person shall cause, suffer, allow or permit the
emission of sulfur dioxide into the open air from any
new installations of indirect heat exchangers having a
rated capacity of 250 million BTU per hour or more heat
input, in excess of:
(i) 0.8 Ib. per million BTU heat input, maximum 2-hour
average, when liquid fuel is burned;
(ii) 1.2 Ib. per million BTU heat input, maximum 2-hour
average, when solid fuel is burned.
(b) No person shall cause, suffer, allow or permit the
: emission of sulfur dioxide into the open air from any
new installation of indirect heat exchangers of less
than 250 million BTU/hour in excess of those amounts
listed in Table 4-1 and shown in Figures 4.1 and 4.2
all of which are incorporated as part of this regula-
: tion.
TABLE 4-1
ALLOWABLE SULFUR DIOXIDE EMISSION
BASED ON HEAT INPUT CAPACITY
MM BTU/Hour Heat InputNEW INSTALLATION
Liquid Fuel Solid Fuel
10 or less
50
100
150
200
250 or more
2.50
1 .40
1.10
0.95
0.86
0 . 80
4.0
2.4
1.7
1.4
1.3
1 .2
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(2) Existing Installations of Heat ExchangersRegions
classified as Priority I with respect to sulfur dioxide.
(a) No person shall cause, suffer, allow or permit the
emission of sulfur dioxide into the open air from
any existing installation of indirect heat exchangers
having a rated capacity of 250,BTU per hour or more
heat input, in excess of: '.
(i) 0.8 Ib. per million BTU heat input, maximum 2-
hour average, when liquid fuel is burned;
(ii) 1.2 Ib. per million BTU heat input, maximum 2-
hour average when solid fuel is burned.
(b) No person shall cause, suffer, allow or permit the
emission of sulfur dioxide into the open air from any
existing installation of indirect heat exchangers of
less than 250 million BTU per hour input, in excess of
those amounts listed in Table 4.2, and shown in
Figures 4.1 and 4.2, all of which are incorporated as
part of this regulation.
(3) Existing Installations of Indirect Heat ExchangersRegions
classified as Priority II with respect to sulfur dioxide.
(a) No person shall cause, suffer, allow or permit the
emission of sulfur dioxide into the open air from any
existing installations of indirect heat exchangers
having a rated capacity of 500 BTU per hour or more
heat input, in excess of:
(i) 1.5 Ib. per million BTU heat input, maximum 2-
hour average, when liquid fuels are burned;
' i
(ii) 2.0 Ib. per million BTU heat input, maximum 2-
hour average, when solid fuel is burned.
(b) No person shall cause, suffer, allow or permit the
emission of sulfur dioxide into the open air from any
existing installation of indirect heat exchangers of
less than 500 million BTU per hour heat input, in
excess of those amounts listed in Table 4.2, and shown
in Figures 4.1 and 4.2, all of which are incorporated
as part of this regulation.
-194-
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(4) Existing Installations of Indirect Heat Exchangers--
Regions classified as Priority III with respect to sulfur
dioxide.
(a) No person shall cause, suffer, allow or permit the
emission of sulfur dioxide into the open air from any
existing installations of indirect heat exchangers
having a rated capacity of 1000 million BTU per hour
or more heat input, in excess of:
(i) 2.0 Ib. per million BTU heat input, maximum 2-
hour average, when liquid fuel is burned;
(ii) 3.5 Ib. per million BTU heat input, maximum 2-
hour average, when solid fuel is burned.
(b) No person shall cause, suffer, allow or permit the
emission of sulfur dioxide into the open air from any
existing installation of indirect heat exchangers of
less than 1000 million BTU per hour heat input, in
excess of those amounts listed in Table 4.2, and
shown in Figures 4.1 and 4.2, all of which are incor-
porated as part of this regulation.
(5) Maximum Emissions from Indirect Heat Exchangers
(a) No person shall construct any new indirect heat ex-
changer or modify any existing indirect heat exchanger
so that its total emissions exceeds 500 tons of sulfur
dioxide per day.
(b) No person shall construct any new indirect heat ex-
changer or modify any existing indirect heat exchanger
where two or more indirect heat exchangers, including
that indirect heat exchanger fcr which construction
or modification is proposed, and which individually
emit 100 tons per year or more of sulfur dioxide, are
contained within a circle 10 miles in diameter, and
the total emissions of all such indirect heat ex-
changers is 750 tons per day of sulfur dioxide.
(6) For any given indirect heat exchanger air contaminant source
the combined total capacity of all fuel burning units in
that air contaminant source shall determine the amount of
allowable sulfur dioxide emissions.
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(51.18) 2. Emissions from Sulfuric Acid Plants
(1) New Installations of Sulfuric Acid Plants
No person shall cause, suffer, allow or permit the following
emission into the open air from any new installation of
sulfuric acid plants:
(a) Sulfur Dioxide in the effluent in excess of 4 pounds
per ton of acid (98%) produced, maximum 2-hour average;
(b) Sulfur acid mist in the effluent in excess of 0.15
pounds per tons of acid (98%) produced, maximum 2-hour
average, expressed as H^SO^
(c) A visible emission which is equal to or greater than
10 percent opacity (as dark as, or darker than, the
shade considered to be No. 1/2 on the Ringelmann
Chart).
.(2) Existing Installations of Sulfuric Acid Plants
No person shall cause, suffer, allow or permit the following
emissions into the open air from any existing installations
of dry gas operation sulfuric acid plants:
(a) Sulfur dioxide in the effluent in excess of 27 pounds
per ton of acid (98%) produced, maximum 2-hour
average;
(b) Sulfur acid mist in the effluent in excess of 0.90
pound per ton of acid (98%) produced, maximum 2-hour
average;
(c) A visible emission which is greater than 20 percent
opacity (darker in shade than that designated as
No. 1 on the Ringelmann Chart).
(51.2) 3. Emissions from Petroleum Refineries, By-Product Coke Plants,
(51.15) ..-'and Other Processes
(1) In regions classified as Priority I with respect to sulfur
dioxide, no person shall cause, suffer, allow or permit the
emission or combustion of any refinery process gas stream
or any other process gas stream that contains H S in con-
centration greater than 10 grains per 100 cubic feet of gas
without removal of the hydrogen sulfide in excess of this
concentration.
-196-
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(2) In regions classified as Priority I with respect to sulfur
dioxide, no person shall cause, suffer, allow or permit the
emission of any process gas stream that contains sulfur
dioxide in a concentration greater than 2000 parts per
million by volume.
(51.14) 4. Emissions from Sulfite Pulp Mills
(1) No person shall cause or permit the total sulfite pulp mill
sulfur oxide emissions from blow pits, washer vents, stor-
age tanks, digester relief, recovery system, etc. to exceed
9.0 Ib. per air dried ton of pulp produced.
(51.14) 5. Emissions from Kraft (Sulfate) Pulp Mills
(1) Definitions
For the purpose of this section, the following definitions
apply:
(a) Total Reduced Sulfur (TRS)--means all reduced sulfur
compounds including but not limited to hydrogen sul-
fide (HoS), methyl mercaptan, dimethyl sulfide and
dimethyl disulfide, expressed in terms of hydrogen
sulfide (H2S).
(2) No person shall cause or permit total reduced sulfur
emissions from the recovery furnace of any kraft pulp mill
in excess of 0.5 pounds per ton of air dried pulp produced,
or in excess of an exit stack gas concentration of 17.5
parts per million by volume, whichever is more restrictive.
(3) No person shall cause or permit the emission of various
noncondensible gas streams from brown stack washers,
digester relief, blow tank relief evaporator hot wells,
multiple effect evaporators, or weak and strong black
liquor storage tanks containing total reduced sulfur in a
kraft pulp mill unless treated by thermal oxidation or an
equivalent method.
(6.0) 6. Time Schedule for Compliance
(1) For the purpose of this section, the following time tables
shall apply, however, all air contaminants sources covered
under this section are required to submit a control plan
and schedule for compliance as outlined in AP-1, Sec.
, 11(2):
-197-
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(a) Those indirect heat exchangers described in Section
1(2) submit a control plan and schedule no later than
January 1, 1973, with a compliance date of no later
than July 1, 1977;
(b) Those indirect heat exchangers described in Section
1(3) submit a control plan and schedule no later than
January 1, 1973, with a compliance date of no later
than July 1, 1978;
(c) Those indirect heat exchangers described in Section
1(4) submit a control plan and schedule no later than
January 1, 1973., with a compliance date of no later
than July 1, 1979;
(d) All other air contaminant sources governed by this
section shall comply as specified in AP-1, Sec. 11.
(9.0) 7. Testing and Sampling
(1) Stack tests to determine compliance with the sulfur dioxide
emission standards of Section 1 shall be conducted in
accordance with the applicable procedures of Method 1,2,
3, and 6 as specified in AP-1, Sec. 7(3) of these regula-
tions.
(2) Stack tests to determine compliance with the sulfur dioxide
emission standards of Sections 2(1) and 2(2) shall be
conducted in accordance with the applicable procedures of
Methods 1, 2, 3,. and 8 as specified in AP-1, Sec. 7(3) of
these regulations.
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vo
i
IlfMllllllltllillillipWi
0.1
100 250 1.000
HEAT INPUT (106 BTU/HR)
10.000
FIGURE 4.1 ALLOWABLE SULFUR DIOXIDE EMISSIONS BASED ON HEAT INPUT CAPACITY
-------
100.0
I
t\>
o
o
i
10.0
auiiinuniiw^
iH&ntiiDi^^
iHLMiiilffi^
nmnni mi iiuimimmii»ia«M*^RUnn'i|»l^j£PUi|ml^^99"""P*^
i«iiiiii|inii iuH^iu!nni mpwc>«iSlt"lii"|i'«*' H^ulBH iluMiii'j ^'^iiHt Bilinjiiinuyiumfid^Bitti
h!:!uiyd
Msinara^B3sii!MiHHmT;[^}85m
0.1
100
1000
10,000
£
r
w
i
o
55
HEAT INPUT (10& BTU/HR)
FIGURE 4.2 ALLOWABLE SULFUR DIOXIDE EMISSIONS BASED ON HEAT INPUT CAPACITY
-------
TABLE 4.2
ALLOWABLE SULFUR DIOXIDE EMISSIONS
BASED ON HEAT INPUT CAPACITY
MM BTU/HOUR
HEAT INPUT
EXISTING INSTALLATION
PRIORITY I
PRIORITY II
PRIORITY III
(fuel:)
Liquid Solid Liquid Solid Liquid Solid
10 or less
50
100
150
250
500
1 ,000
10,000
2.50
1.14
1.11
0.96
0.8
0.8
0.8
0.8
4.0
2.2
1.7
1.5
1.2
1.2
1.2
1.2
2.5
2.02
1.85
1.75
1.64
1.5
1.5
1.5
4.0
3.0
2.7
2.5
2.3
2.0
2.0
2.0
2.50
2.32
2.24
2.20
2.14
2.07
2.00
2.00
4.0
3.8
3.7
3.7
3.6
3.6
3.5
3.5
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REGULATION NO. AP-8
KENTUCKY AIR POLLUTION
CONTROL COMMISION
(51.2) SUBJECT: Control of Coal Refuse Area
(2.0) 1. Applicability
(1) The provisions of AP-1, Sec. 4(1) and 5(1) shall apply to
the operation of coal refuse disposal areas.
(2) The procedures outlined in this section will be used as a
basis for approval of coal refuse disposal areas:
(a) Coal refuse is not to be deposited on any coal refuse
disposal area unless the coal refuse is deposited in
such a manner as to minimize the possibility of igni-
tion of the coal refuse;
(b) Coal refuse disposal areas shall not be so located
with respect to mine openings, tipples, or other mine
buildings, unprotected coal outcrops or steam lines,
that these external factors will contribute to the
ignition of the coal refuse on such coal refuse dis-
posal areas;
(c) Vegetation and combustible materials shall not be
left on the ground at the site where a coal refuse
pile is to be established, unless it is rendered
inert before coal refuse is deposited on such site;
(d) Coal refuse shall not be dumped on deposited on a
coal refuse pile known to be burning; .
(e) Material with low ignition points used in the produc-
tion or preparation of coal, including but not
limited to wood, brattice cloth, waste paper, rags,
oil and grease, shall not be deposited on any coal
refuse disposal area or in such proximity as will
reasonably contribute to the ignition of a coal re-
fuse disposal area;
(f) The site of the coal refuse disposal area is to be
such that water run off from the adjacent area will
not drain into the coal refuse;
-202-
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(g) Coal refuse is to be deposited in such manner that it
will not slide or shift so as to enhance the possi-
bility of ignition;
(h) Garbage, trash, household refuse, and like materials
shall not be deposited on or near any coal refuse
disposal area.
(51.2) 2. Deliberate Ignition Prohibited
(1) Deliberate ignition of a coal refuse disposal area is
prohibited.
(2) The deliberate ignition of a coal refuse disposal area or
the ignition of any materials on such an area by any per-
son or persons is prohibited.
(51.2) 3. Burning Coal Refuse Disposal Areas
(1) Each burning coal refuse disposal area will be considered
on an individual basis by the Commission. After con-
sidering the established facts and circumstances of the
particular case, the Commission will determine and may
order the effectuation of those air pollution control
measures which the Commission deems reasonably adequate
for each such coal refuse disposal area.
(2) With respect to all other burning coal refuse disposal
areas, the person responsible for such coal refuse disposal
; areas or the land on which such coal refuse disposal areas
are located shall use due diligence to control air pollu-
tion from such coal refuse disposal areas. The Commission
shall determine what constitutes due diligence.
(3) When the Commission determines that air pollution exists
or may be created, the person responsible for such coal
refuse disposal area or the land owner on which such coal
refuse disposal area is located shall submit to the
Commission a satisfactory program setting forth methods
and procedures to eliminate, prevent, or reduce such air
pollution. This program shall be submitted within thirty
(30) days after notification and shall contain sufficient
information to establish that such program can be executed
with due diligence.
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REGULATION NO. AP-9
" - ' , KENTUCKY AIR POLLUTION
':. CONTROL COMMISSION
* !
(4.0) SUBJECT: Ambient Air Quality Standards
(2.0) 1. Purpose of Standards and Expression on Non-Degradation Intention
(1) Primary ambient air quality standards define levels of air
, quality which the Commision judges are necessary, with an
adequate margin of safety, to protect the public health.
. Secondary ambient air quality standards define levels of
air quality which the Commission judges necessary to pro-
tect the public welfare from any known or anticipated ad-
verse effects of a pollutant. Such standards are subject
to revision, and additional primary and secondary standards
may be promulgated as the Commission deems necessary to
protect the public health and welfare.
(2) In the establishment of these air quality standards, it is
the intention of the Commission to prohibit further signi-
ficant and avoidable deterioration of air quality in areas
where air quality presently exists which is numerically
equal to or less than the standards expressed herein.
.(3) The proposal, promulgation, or revision of these primary
and secondary ambient air quality standards shall not pro-
hibit any District from establishing ambient air quality
standards for that District or any portion thereof which
are more stringent than are the standards herein.
(4) No person or air contaminant source shall cause, suffer,
allow or permit the air quality standards specified herein
to be exceeded.
(4.0) 2. Air Contaminant Concentrations
The following air contaminant concentrations shall apply at any
single point location:
Primary Secondary
Standard Standard
(1) Sulfur Oxides (Sulfur Dioxide)-- 80 (0.03 ppm) 60 (0.02 ppm)
Annual Arithmetic Mean, not to 365 (0.14 ppm)
exceed
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Primary
Standard
Secondary
Standard
(1) Sulfur Oxides (Sulfur Dioxide--
JJ9/M3 .
Annual .Arithmetic Mean, not to
' exceed
Maximum Twenty-Four-Hour Average
Maximum Three-Hour Average
(2) Particulate Matter
(a) Suspended Parti culates^g/M-*
Annual Geometric Mean not to
exceed .
Maximum Twenty-Four-Hour
Average
(b) Setteable Particulates
(Dustfall) (Tons/square mile/
measured as total water
solubles & insolubles)
Maximum Three-Month Average
(c) Soiling Index
Annual Geometric Mean, not to
exceed
. Maximum Three-Month Average
Maximum Twenty-Four-Hour
" Average
(3) Carbon Monoxide--mg/M3
Maximum E'ight-Hour Average
Maximum One-Hour Average
(4) Photochemical Oxidants (mearsured
as Ozone)--ug/M3
Maximum One-Hour Average
(5) Total Nonmethane Hydrocarbons
(measured as C)--jtig/M3
Maximum Three-Hour Morning
Average (6-9 A.M.)
(6) Nitrogen Oxides--jjg/M3
.Annual Arithmetic Mean, not to
exceed
(7) Hydrogen'Sulfide--/jg/M3
Maximum One-Hour Average
(8) Hydrogen ,Fluoride--jjg/M3
Maximum One-Month Average
Maximum One-Week Average
Maximum-Twenty-Four-Hour Average
Maximum twelve-Hour Average
80(0.03ppm)
365(0. Uppm)
75
260
6.0 COH/1000
linear ft.
10(9ppm)
40(35ppm)
160(0.24ppm)
100(0.05ppm)
0.82(lppb)
1.64(2ppb)
2.86(3.5ppb)
3.68(4.5ppb)
60(0.02ppm)
1300(0.50ppm)
60
150
15(5.25/gm/sq.
meter/mo.)
0.4 COH/1000
linear ft.
0.5 COH/1000
linear ft.
3.0 COH/1000
linear ft.
Same as Primary
Same as Primary
160(0.OSppm) Same as Primary
Same as Primary
Same as Primary
14(0.01ppm)
-205-
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Primary Secondary
Standard Standard
(9) Total F1uorides--ppm
Dry weight basis (as F~) in and
on forage for consumption by
grazing ruminants
The following concentrations are
not to be exceeded:
Average, concentrations of monthly
samples over growing season (not
to exceed 6 consecutive months) 40 ppm (w/w)
Maximum Two-Month Average 60 ppm (w/w)
Maximum One-Month Average 80 ppm (w/w)
(10) Orders
At apy time not to equal or
exceed 7 dilutions
(6.0) 3. Time Schedule for Achieving Ambient Air Quality Standards
. (1) Primary air quality standards shall be achieved within three
years of the effective date of this regulation.
(2) Secondary air quality standards shall be achieved within a
reasonable period of time but in no case longer than six
years after the effective date of this regulation except
as provided in AP-4, Sec. 6.
(9.0) 4. 'Method of Measurement
(1) Air contaminants shall be measured by the method or
: methods and frequency listed in Table 9.1 or by such other
; methods approved by the Kentucky Air Pollution Control
Commission.
(2) Annual averages and three-month averages shall be determined
on the basis of any consecutive twelve-month interval or
: any consecutive three-month interval, respectively.
(2.0) 5. Abbreviations Used in This Regulation
gm = gram mo = month
mg = milligram COM = coefficient of haze
jug = microgram ppm = parts per million by volume
.- M = meter ppb = parts per billion by volume
cm = centimeter w/w = weight by weight
sq = square
-206-
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(2.0)
6. Conversion Between Volume and Mass Units of Concentration
Employing standard conditions of 25 degrees centigrade (Celsius)
temperature and 760 millimeters of mercury pressure, the fol-
lowing equations are used to convert between volume units (ppm)
and mass units
ppm =
0.02445
Molecular weight, gm/mole
g/M3 = (ppm) X Molecular weight, gm/mole
0.02445
Based on the above equations the following conversion factors
are applied:
Pollutant
t
Sulfur Dioxide
Hydrogen Sulfide
Carbon Monoxide
Ozone
Hydrogen Fluoride
Methane
Nitrogen Dioxide
To Convert From
PPM To ug/M3
Multiply By
2620
1391
1145
1963
818
655
2000
To Convert From
ug/M3 To PPM
Multiply By
0.00038
0.00072
0.00087
0.00051
0.00122
0.00153
0.00050
-207-
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(2.0)
7. Reference Methods of Air Contaminants Measurements
TABLE 9.1
REFERENCE METHODS OF AIR CONTAMINANTS MEASUREMENTS'
i
ro
O
CO
i
Particulate Matter
Suspended
Setteable
Sulfur Dioxide
Carbon Monoxide
Photochemical Oxldants
Nitrogen Dioxide
Non-methane Hydrocarbons
Hydrogen Sulfide
Hydrogen Fluoride
Odor
MEASUREMENT METHODP
Gravimetric, High Volume Sampler3
Light Transmittance, AISI Tape Sampler
Gravimetric, Dustfall Jars"
Pararosaniline3 or equivalent6
Non-dispersive infrared3 or equivalent"
Gas Phase Chemiluminescence3 or
equivalent"
Jacobs-Hochheiser3 or equivalent
Flame ionization gas chromatographic
separation3 or equivalent'
Lead Acetate Tape Sampler or
equivalent*
SPADNS ColorimetHc"1 or equivalent"
Dilution0
MINIMUM FREQUENCY OF SAMPLING
One 24-hour sample every 6 days
One sample every 2 hours
One 1 -month sample per month
One 24-hour gas bubbler sample every 6 daysb
Twelve 2-hour gas bubbler samples every 6 days
Continuous
Continuous
Continuous
One 24-hour gas bubbler sample every 6 days
Continuous
Semi -Continuous
One sample every hour ,
Twelve 1-hour samples every 6 days
One 12-hour sample every 6 days
-------
a. Method described in the National Primary and Secondary Ambient Air
Quality Standards published in the Federal Register on April 30,
1971. {36 F.R. 8186)
b. Equivalent to 61 random samples per year
c. Hemeon, Haines and I.de, Air Repair, 3,22 (1953)
d. ASTM Dl 739-62
e. Equivalent Methods are (1) Gas Chroma tographic Separation, (2) Flame
Photometric Detection (provided interfering sulfur compounds present
in significant quantities are removed), (3) Coulometric Detection
(provided oxidizing and reducing interference such as 03, N02, and
are removed), and (4) the automated Pararosaniline procedures
f. Equivalent to 742 random samples per year
g. Equivalent Method is Gas Chromatographic SeparationCatalytic Con-
versionFlame lonization Detection
h. Equivalent Methods are (1) Potassium Iodide Colorimetric Detection
(provided a correction is made for SO? and NC^), (2) U V Photometric
Detection of ozone (provided compensation is made for interfering
substances), and (3) Chemi luminescence Methods differing from that
of the referenced method
i. Equivalent Method is continuous Saltzman Method Anal . Chem. , 26,
1951 (1954)
j. Equivalent Method is activated Charcoal prescribingFlame loniza-
tion Detection, Ortman, Anal. Chem., 29, 1349 (1957)
k. Sensenbaugh and Hemeon, Air Repair, 4, 5 (1954)
1. Equivalent Method is Methylene Blue Jacob, Braverman, Hochheiser,
Anal . Chem. . 29, 1349 (1957)
m. Bellacke and Schouboe, Anal . Chem. , 30, 2032 (1958)
n. Equivalent Method is utilizing Fluoride Ion Selective Electrode,
Hardwood, Water Research, 3, 273 (1969)
o. Scentometer Method "Air Pollution", A.C. Stern, ed., Vol. 2,
Academic Press, New York, 1968
>p. Other methods together with those specified under footnotes (e), (g)
'and (h) will be considered equivalent if they meet the following
performance specifications:
-209-
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I
IV)
POLLUTANTS
SPECIFICATION
Range
Minimum detectable
sensitivity
Rise time, 90 percent
Fall time, 90 percent
Zero drift
Span drift
Precision
Operation period
Noise
Interference Equivalent
Operating temperature
fluctuation
Linearity
SULFUR DIOXIDE
0-2,620ug/m3 (0-1 ppm)
26ug/m (0.01 ppm)
5 minutes
5 minutes
+1 percent per day &
+2 percent per 3 days
+J percent per day &
+2 percent per 3 days
+2 percent
3 days
+0.5 percent (full scale)
2f.ug/m3 (0.01 ppm)
±5°C.
2 percent (full scale)
CARBON MONOXIDE
0-58mg/m_ (0-50 ppm)
0.6mg/m3 (0.5 ppm)
5 minutes
5 minutes
+1 percent per day &
+2 percent per 3 days
+1 percent per day &
+2 percent per 3 days
+_4 percent
3 days
+0.5 percent (full scale)
l.lmg/m (1 ppm)
±5°C.
2 percent (full scale)
PHOTOCHEMICAL OXIDANTS
(corrected for NO- and SO-)
0-880ug/m (0-0.5 ppm)
20ug/m (0.01 ppm)
5 minutes
5 minutes
+1 percent per day &
+2 percent per 3 days
+J percent per day &
+2 percent per 3 days
+4 percent
3 days
+0.5 percent (full scale)
20ug/m (0.01 ppm)
+5°C
2 percent (full scale)
-------
The various specifications are defined as follows:
Rang& -- The minimum and maximum measurement limits;
Minimum detectable sensitivity -- The smallest amount of input con-
centration which can be detected as concentration approaches zero;
Rise time 90 percent -- The interval between initial response time
and time to 90 percent response after a step increase in inlet con-
centration;
Fall time 90 percent -- The interval between initial response time
and time to 90 percent response after a step decrease in inlet ,
concentration;
Zero drift ~ The charge in instrument output over a stated time
period of unadjusted continuous operation, when the Input con-
centration is zero;
Span drift -- The change in instrument output over a stated period
of unadjusted continuous operation, when the input concentration is
a stated upscale value;
Precision -- The degree of agreement between repeated measurements
of the same concentration (which shall be the midpoint of the stated
range) expressed as the average deviation of the single results from
the mean;
Operation period -- The period of time over which the instrument can
be expected to operate unattended within specifications;
Noise Spontaneous deviations from a mean output not caused by in-
put concentrations changes;
Interference equivalent -- The portion of indicated concentration
due .to the total of the interferences commonly found in ambient air;
Operating temperature fluctuation -- The portion of indicated concen-
tration over which stated specifications will be met;
Linearity The maximum deviation between an actual instrument
reading and the reading predicted by a straight line drawn between
upper and lower calibration points.
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REGULATION NO. AP-10
KENTUCKY AIR POLLUTION
CONTROL COMMISSION
(2.0) SUBJECT: Rules of Practice
(2.0) 1. Purpose
This regulation governs the conduct of all proceedings before
the Commission.
(1-0) 2. Definitions
As used in this regulation, unless otherwise required by the con-
text, the following words and phrases shall have the meaning
hereinafter respectively ascribed to them:
.(1) "Applicant" means any person who shall apply to the Commis-
sion for a permit to construct or operate an air contami-
nant source pursuant to KRS 224.360; or any person who re-
quests a hearing pursuant to KRS 224.390; or any person
who shall apply for an exemption pursuant to KRS 224.410;
or any person who shall file a petition alleging that the
issuance of any order or the making of any determination
by the Commission is contrary to law and fact and injurious
to him; or any person who shall apply to the Commission for
certification to any governmental agency that the air con-
taminant source for which the certification is sought com-
plies with all statutes and regulations of the Commonwealth
relating to air pollution control.
(2) "Permit" means the permission, in whatever form given, of
the Commission to construct, alter, use, operate, or
maintain an air contaminant source.
(3.0) 3. Administrative Examination of Applications
Applications for the issuance of a permit, amendment of a permit
at the request of a holder, or renewal of a permit will be re-
viewed by the Executive Secretary. The application shall be made
on a form provided by the Commission for that purpose. The
Executive Secretary will give such notice of the filing of appli-
cations as is required under the applicable provisions of these
regulations and such additional notices as he deem appropriate.
(3.0) 4. Action on Applications, Hearings
(16.0)
(1) The Executive Secretary shall either grant or deny any .
application for a permit and shall give written notice
thereof to the applicant.
-212-
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(2) The Executive Secretary may upon his own initiative,
direct the holding of a formal hearing prior to taking
. . action on the application. The Executive Secretary will
direct the holding of a formal hearing upon receipt of
a written request therefor from the applicant or inter-
venor filed within thirty (30) days after the grant or
denial of a permit.
(3.0) 5. Effect of Timely Renewal Applications
If at least thirty (30) days prior to the expiration of an
existing permit authorizing any activity'of a continuing nature,
a permittee files and application for a renewal or for a new
permit for the activity so authorized, the existing permit will
not be deemed to have expired until the application has been
granted or denied.
(2.0) 6. Notice of Violation
Prior to the institution of any proceeding for the revocation of
a permit or for penalty pursuant to statute for alleged viola-
£ion of any provision of the act, regulations, or conditions of
a permit, the party charged with the violation shall be served
with a written notice calling the facts to his attention and
requesting a written explanation or statement in reply. Within
fifteen (15) days of the receipt of such notice, the party
notified with the violation shall file his reply with the
Commission. If the notice relates to conditions or conduct
which may be susceptible of correction or of being brought into
full compliance by action of the party charged with the viola-
tion, he shall state in his reply the corrective steps taken or
to be instituted in achieving correction and preventing further
violations, and the date when such correction and full compli-
ance will be achieved.
(8.0) 7. Emergency Orders
Upon the issuance of any emergency order pursuant to the pro-
visions of KRS 224.400 the Executive Secretary shall fix a place
and time, not more than 24 hours thereafter, for a hearing to
be held before the Commission in accordance with the provisions
of this regulation. Not more than 24 hours after the conclu-
sion of such a hearing, and without adjournment thereof, the
Pommission shall affirm, modify, or set aside the order of the
Executive Secretary.
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(3.0) 8. Certification
(i) The Executive Secretary shall certify to the appropriate
governmental agency compliance with the statutes and
regulations of the Commonwealth relating to air pollution
on behalf of any party requesting such certification pur-
suant to any state or federal law provided the party
making the request holds a valid permit to operate the air
contaminant source for which the certification is sought.
(2) In no event shall the Executive Secretary certify to any
governmental agency that any air contaminant source for
which no valid permit to operate has been issued is in
compliance with the statutes and regulations of the Common-
wealth relating to air pollution.
(2.0) 9. Ex Parte Communications
(!) In no matter referred to the Commission or to a Hearing
Officer for formal hearing, shall any person not a member
or employee of the Commission or assigned to the Commission
communicate ex parte with any member or employee of the
Commission or any person assigned to the Commission other
than counsel with respect to the merits of that matter
. prior to a final determination in the matter; nor shall any
member or employee of the Commission or any person assigned
to the Commission communicate with any Hearing Officer or
member or members of the Commission with regard to any
matter heard or to be heard for the adjudication by such
Hearing Officer of member or members except as otherwise
provided in this regulation.
(2) Subject to the exceptions in subsection (3) of this section,
an unauthorized ex parte communication is any communication
related to the proceeding unless at the time of its presen-
tation the contents are disclosed to all participants and
interested parties in the proceeding.
(3) The following communications shall not be considered un-
authorized:
(a) Any request for information soley with respect to the
status of the proceeding; or
(b) Any communication made with respect to a proceeding
about which no public notice has been issued or the
communicator has no actual notice of the pendency of
the proceeding.
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(4) Any member or employee of the Commission or any person
-,_..- assigned to the Commission who received a communication
which he knows or has reason to believe is unauthorized,
shall promptly place the communication, or its substance,
in the public file, and shall inform all interested parties
in the proceedings of its existence and shall notify the
communicator of the provisions of this section.
(5) All participants and interested parties in a proceeding may
request an opportunity to answer any allegations or con-
tentions contained in an unauthorized ex parte communica-
tion. The Hearing Officer or the Commission before whom
the matter is heard shall grant such request if it is
determined that it would be unfair to deny the request..
(2.0) 10. Filing of Papers
ynless otherwise specified, papers required to be filed with the
pommission shall be filed with the Executive Secretary of the Air
Pollution Control Commission, State Department of Health, 275
East Main Street, Frankfort, Kentucky 40601. Papers required to
be filed with the Commission shall be deemed filed upon actual
receipt by the Commission at the place specified accompanied by
proof of service upon the parties required to be served as pro-
vided in Section 13 of this regulation. Unless otherwise spe-
cified the filing when by mail or telegram shall upon actual re-
ceipt be deemed complete as of the date of deposit in the mail
or-with the telegraph company. Papers may be filed in person
at the Commission's offices at 275 East Main Street, Frankfort,
Kentucky.
(2.0) 11. Computation of Time
In computing any period of time prescribed or allowed by an
applicable rule or regulation, notice or order, the provisions
of KRS 446.030 shall apply.
(2.0) 12. .Extention of Time
Extensions of time for filing or performing any act required or
allowed to be done, and continuances of any proceeding or
hearing, may be granted in the discretion of the Commission
upon application and good cause shown by any party, or upon the
initiative of the Commission or stipulation of all the parties.
When a Hearing Officer has been designated for hearing, the
discretion in granting extensions of time and continuances in
matters relating to the hearing shall rest with the Hearing
Officer
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(2.0) 13. Subpoenas, Service and Papers
I'Lifsuant to the powers conferred by KRS 224.430, the Commission
may issue subpoenas, subpoenas duces tecum and all necessary
process in proceedings brought before or initiated by the Com-
mission and such process shall extend to all parts of the
Commonwealth. Service of process and proof of service may be
made by registered mail or in the manner prescribed by Rule 4,
Rules of Civil Procedure. The Hearing Officer may issue any
subpoena or subpoena duces tecum requested by any party and
shall show on the face of any subpoena or subpoena duces tecum
issued the party requesting the appearance.
(2.0) 14. Representation
.(1) Except as provided in subsection (2) of this section any
person appearing before the Commission may do so In person
or by a representative. Any person transacting business
with the Commission in a representative capacity may be re-
quired to show his authority to act in that capacity.
(2) In a formal hearing a person may appear in person or be
representated by an Attorney at Law.
(2.0) 15. .Intervention
.(1) Any person whose interests may be affected by a proceeding
may file a petition to intervene describing his interests,
: how it may be affected by Commission action, and the posi-
1 tion he is taking in the matter. Service of copies of
the petition shall be made upon all parties to the pro-
ceeding. The permittee, applicant, or respondent, upon
notice and motion, and other parties by leave, may contest
the right of the petitioner to intervene.
(2) As soon as is practible after filing of a. petition for
intervention and a hearing of argument, if any, the Commis-
sion or Hearing Officer will issue and serve an order either
permitting or denying intervention. If the order is a
denial of intervention, it shall contain a statement of the
grounds. An order permitting intervention may be condi-
tioned upon such terms as the Commission or Hearing Officer
may direct.
(2.0) 16. Effect of Intervention or Denial Thereof
.(1) A person permitted to intervene becomes a party to the
proceedings where a notice of hearing has been issued or a
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hearing has begun. The admission of an intervenor shall
not of itself enlarge or alter the issue.
(.2) An order denying intervention will be without prejudice to
any proposed limited appearance by the petitioner as one
who is not a party for the purposes provided in Section 22
of this regulation.
(2.0) 17. Consolidation
Upon motion and good cause shown or upon its own initiative the
Commission or Hearing Officer may consolidate two or more pro-
ceedings.
(16.0) 18. Hearing Formal and Informal
(1) Formal hearings shall be held in cases of adjudication of
rights.
(2) Informal hearings may be held for the purposes of obtaining
necessary or useful information.
(2.0) 19. Authority to Administer Oaths
Any oath or affirmation required by or pursuant to the provisions
of these regulations may be administered by any person authorized
to administer oaths by the laws of the Commonwealth of Kentucky.
(16.0) 20. Informal Hearing Procedure
The procedure to be followed in informal hearings shall be such
as will best serve the purpose of the hearing. An informal
hearing may consist of the submission of written data, views, or
arguments with or without oral argument, or may partake of the
nature of a conference or may assume some of the aspects of a
formal hearing in which the subpoena of witnesses and the produc-
tion of evidence may be permitted or directed.
(16.0) 21. Formal Hearings
The parties to a formal hearing shall be the Commission, the
permittee, applicant, or respondent, as the case may be, and any
person permitted to intervene pursuant to Section 15 of this
regulation.
(2.0) 22. 'Limited Appearances by Persons Not Parties
;With the consent of the Hearing Officer, limited appearances may
be entered without request for or grant of permission to
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intervene by persons who are not parties to a hearing. With
the consent of the Hearing Officer, and on due notice to the
parties, such persons may make oral or written statements of
their position on the issues involved in the proceeding, but may
not otherwise participate in the hearing.
(16.0) 23. Designation of Hearing Officer
Any hearing herein provided for may be conducted by the Commis-
sion at a regular or special meeting or may be conducted by a
Hearing Officer, selected in rotation from a list of qualified
persons maintained by the Executive Secretary, who shall have
the power and authority to conduct hearings in the name of the
Commission at any time and place.
(16.0) 24. Function of Hearing Officer
It shall be the function of the Hearing Officer to schedule and
ponduct hearings on behalf and in the name of the Commission on
all matters referred for hearing by the Executive Secretary. It
is the duty of the Hearing Officer to cause to be prepared and
'furnished to the Commission for decision a written record of the
hearing. The Hearing Officer shall also prepare for the Commis-
sion for decision a statement of findings and conclusions upon
all material issues of fact and law and shall prepare or cause
;to be prepared an order recommended to be issued by the Commis-
sion in the matter. The record of the hearing shall be a sum-
mary of all evidence, pleas, motions and objections of all
parties, and rulings by the Hearing Officer unless a request
for verbatim transcript is filed with the Commission at least
fifteen (15) days prior to the commencement of the hearing. If
a verbatim transcript is requested by any party before the
hearing, the cost of preparing such verbatim transcript shall
be paid by the party requesting it.
(16.0) 25. Notice of Hearing
(1) Whenever a hearing is scheduled, the Commission will give
not less than thirty (30) days notice of the hearing to all
1 parties and to other persons, if any, entitled to notice.
; Such notice shall state the time, place, and nature of the
;'.. hearing; the legal authority and jurisdiction under which
the hearing is to be held; the matters of fact and law
asserted to be considered and a request for an answer. The
time and place for hearing will be fixed with due regard
for the convenience and necessity of the parties or their
representatives.
(2) The notice of hearing may be a separate notice or when
appropriate may be embodied in the Notice of Violation.
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(2.0) 26. Answer
(1.) Within the time allowed by the notice of hearing for filing
and serving an answer, and as required, the answer of a
permittee, applicant, or respondent, shall fully advise the
Commission and any other parties as to the nature of the
defense or other position of the answering party, the
issues he proposes to controvert and those he does not con-
trovert, and whether or not he proposes to appear and pre-
sent evidence. If facts are alleged the answer shall admit
or deny specifically each allegation of fact; or where
knowledge is lacking, the answer may so state and the state-
ment shall operate as a denial. Allegations of fact not
denied shall be deemed to be admitted. Matters alleged as
affirmative defenses or positions shall be separately
stated and identified and, in the absence of a reply, shall
be deemed to be controverted. The answer of an Intervenor
shall fully advise the Commission and other parties of his
position and whether or not he proposes to appear and pre-
sent evidence.
(2) If a party does not oppose any order or proposed action of
the Commission embodied in or accompanying the notice of
hearing or does not wish to appear and give evidence at the
hearing, the answer shall so state. In lieu of appearing,
the party may if he chooses submit a statement of reasons
why the proposed order or sanction should not be issued or
should be different than proposed, and the Commission will
attribute such weight as it deems deserving to the written
reasons.
(2.0) 27. Reply
In appropriate cases the Commission may file and serve a reply
to the answer or, if the answer affects other parties to the
proceeding, the Commission or the Hearing Officer, before whom
the matter is to be heard may permit such parties to file and
serve a reply.
28. Default
Failure of a party to file and serve an answer within the time
provided in the notice of hearing or as prescribed herein or to
appear at a hearing, shall be deemed to authorize the Commission
in its discretion, as to such party: (a) to find the facts
alleged to be true and to enter such finding or order as may be
appropriate, without further notice or hearing; or, (b) to pro-
ceed to take proof, without further notice, on the allegations
or issues set forth in the specification of issues.
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(2.0) 29. Admissions
.After the answer has been filed, any party may file and serve
'Upon the opposing side a written request for the admission of
,the genuineness and authenticity of any relevant documents
described in or attached to the request or for the admission of
the truth of any relevant matters of fact stated in the request.
Each matter for which an admission is requested shall be deemed
admitted unless within the time designated in the request, but
not less than ten (10) days after service thererof or further
time as the Commission or Hearing Offjicer before whom the
: matter is to be heard may allow upon motion and notice, the
party to whom the request is directed serves upon the requesting
party a sworn statement either denying the matters upon which
the admission is requested or setting up the reasons why he
cannot truthfully admit or deny such matters.
(16.0) 30.' f>'jhlic iiearin:s
All formal hearings shall be public except that evidence relating
.to processes or production unique to the owner or operator which
would tend to affect adversely the competitive position of such
owner or operator shall be taken in closed session.
(16.0) 31. Evidence in Formal Hearings
(1) Every party to the hearing shall have the right to present
such oral or documentary evidence and rebuttal evidence
. and conduct such cross-examination as may be required for
a full and true disclosure of the facts. The parties shall
be encouraged to present evidence in written form.
.(2) The Hearing Officer shall exclude all irrelevant, immate-
rial, or unduly repetitious evidence.
(3) Objections to the admission or exclusion of evidence shall
state the grounds of objections. The record shall include
the objections, the grounds and the rulings, but not the
argument of the grounds unless ordered by the Hearing
Officer.
(4) Any offer of proof made in connection with an objection
taken to the ruling of the Hearing Officer, excluding or
rejecting proffered oral testimony, shall consist of a
statement of, the substance of the evidence which the party
contends would be adduced by such testimony. If the ex-
cluded material is documentary or written, a copy of such
material shall be marked for identification and shall
constitute the offer of proof.
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(5) An official record of a governmental agency of an entry
;' in such record, when admissible, may be evidenced by an
? official publication thereof or by a copy attested as a
true copy by the officer having legal custody of the record,
or by his deputy, and accompanied by a certificate that
such officer has the custody.
(2.0) 32. Briefs
Briefs may be filed within ten (10) days after the close of the
hearing provided, however, that the Commission or Hearing Offi-
cer having heard the matter may, upon written application,
grant an additional period of time not in excess of sixty (60)
days within which briefs may be filed.
(2.0) 33. Findings and Order
The Commission in a regular or special meeting shall after re-
viewing the entire record of the hearing make its findings and
epter its order. The findings and order shall be in writing
and shall contain a statement of findings and conclusions upon
all material issues of fact and law and shall be signed by the
Chairman of the Commission. The original thereof shall be
filed as a part of the record of the case which shall be re-
tained in the custody of the Secretary unless an appeal is taken
therefrom and one certified copy of the findings and order
shall be served on all parties to the proceedings.
(2.0) 34. Oral Argument Before the Commission
(1) The Findings, Conclusions, and Recommended Order of the
...;.-.. Hearing Officer shall be filed with the Secretary as soon
after the conclusion of the hearing as possible. Within
three (3) days after the receipt the Secretary shall cause
: a copy of the Hearing Officer's Findings, Conclusions, and
Recommended Order to be served upon each party to the
proceeding. Any party may request, either orally or in
writing, at the first meeting of the Commission following
service of the Hearing Officer's Findings, Conclusions,
and Recommended Order that he be allowed to address the
t' Commission prior to the Commission's taking any action on
the Hearing Officer's Findings, Conclusions, and Recom-
mended Order served upon him. The Commission upon re-
. : ceiving the request may in its discretion, hear the party
s. at the next meeting, whether regular or special, of the
Commission.
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(2) Any person who shall be granted permission to address
the Commission shall be allowed a reasonable time to speak.
(3) Any statement made to the Commission pursuant to the
provisions in this section shall be limited to matters
contained in the record of hearing.
i i
(2.0) 35. Waiver "of Procedures
The parties to any hearing may agree to waive any one or more
of the procedural steps which would otherwise precede the
reaching of a final deision by the Commission.
(13.0) 36. Public Records -- Exceptions
(14.0)
Except as provided below all records shall be deemed public re-
cords and shall be open to inspection by the public. The
following are not to be considered public records which are
available for public inspection:
(1) 'Documents relating to personnel matters and medical and
other personnel information, which; under general govern-
mental personnel practices, are not normally made public;
) '
(2) Correspondence received in confidence by the Commission
relating to an alleged or possible violation of any
statute, rule, regulation, order, license or permit;
(3) Any other document involving matters of internal agency
'management;
!
(4) Any other matter required by law to be kept confidential
; or not available to public inspection;
(5)' Any records or memoranda which would divulge methods or
processes entitled to protection as trade secrets;
(6) The Commission may withhold any document or part thereof
'from public inspection if disclosure of its contents is
not required in the public interest and would adversely
affect the interest of a person concerned. Such with-
holding from public inspection shall not, however, affect
the right of persons properly and directly concerned to
inspect the document. Persons requesting that a document
or information therein by withheld from public disclosure
shall make prompt application identifying the material
and giving the reasons. Where the applicant is respon-
" sible for the preparation of the document, he shall
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insofar as is possible segregate in a separate paper the
information for which the special treatment is requested.
The Commission may honor the request upon a finding that
public inspection is not required in the public interest
and would adversely affect the interest of the person
concerned. If the request is denied, the applicant will
be notifed thereof with a statement of reasons.
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REGULATION NO. AP-11
KENTUCKY AIR POLLUTION
CONTROL COMMISION
(10.0) SUBJECT: Review of New or Modified Indirect Sources
(1.0) 1. Definitions
(1) Indirect source - means a facility, road, building structure,
or installation, or combination thereof, which causes or may
cause mobile source activity that results in emission of a
pollutant for which there is a state ambient air quality
standard.
(2) Modification - means any physical change to an indirect
source other than maintenance which increases or may increase
the mobile source activity associated with such indirect
source.
(3) Department - means the Kentucky Department for Natural
Resources and Environmental Protection.
i
(4) Commence - means that an owner or operator has undertaken a
continuous program of construction or modification or that a
binding general construction contract has been entered into
which obligates one party to such contract to perform the
physical work involved in such program of construction or
.modification or that actual acquisition of the right-of-way
has begun.
(5) Vehicle trip - means a single movement by a motor vehicle
which originates or terminates at an indirect source.
2. The requirements of this regulation are applicable to the
following indirect sources, the construction or modification of
which is commenced after the effective date of this regulation.
(1) Any new indirect sourch which:
(a-) Is. a new unenclosed parking lot with a parkihg capacity
of 1,500 or more motor vehicles, or has a new associated
. unenclosed single level parking area with a capacity
: .-.- of"J,500 or more motor vehicles;
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(b) is a new partially or completely enclosed parking area
with a parking capacity of 750 or more motor vehicles,
or has a new associated partially or completely en-
closed parking area with a capacity of 750 or more
motor vehicles; or
(c) induces an additional 2,000 or more vehicle trips per
hour in an existing roadway.
(2) Any modified indirect source which:
(a) Increases existing parking capacity in an unenclosed
single level parking area from less than 1,500 motor
vehicles to 1,500 or more motor vehicles, or has an
associated unenclosed parking area being modified to
increase parking capacity by more than 1,500 motor
' ' vehicles; or
(b) increases existing parking capacity in a partially or
completely enclosed parking area from less than 750
motor vehicles to 750 or more motor vehicles, or has
an associated partially or completely enclosed parking
area being modified to increase parking capacity by
more than 750 motor vehicles; or
(c) is an existing unenclosed single level parking area
which is in excess of 1,500 motor vehicles being modi-
fied to increase parking capacity by more than 25 per-
cent, or by 1,500 or more motor vehicles, whichever is
less, or, has an existing associated unenclosed single
level parking area which is in excess of 1,500 or more
motor vehicles, whichever is less; or
(d) is an existing partially or completely enclosed parking
area which is in excess of 750 motor vehicles being
modified to increase parking capacity by more than
25 percent, or by 750 or more motor vehicles, which-
ever is less, or, has an existing associated partially
or completely enclosed parking area which is in excess
of 750 motor vehicles being modified to increase
parking capacity by more than 25 percent, or by 750
or more motor vehicles, whichever is less; or
(e) induces an additional 2,000 or more vehicle trips per
hour in an existing roadway.
(3) Airports served by a regularly scheduled commercial air
carrier(s). '
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(4) New or modified roads in standard metropolitan statistical
areas' as defined by Bureau of Census, U.S. Department of
Commerce or in counties containing a citv with a population
of 20,000 or more, with a forecasted design hourly volume
within ten years of completion of:
(a) 2,000 or more motor vehicles per hour for a new road;
or
(b) existing road with traffic volume of less than 2,000
motor vehicles being modified to increase traffic volume
in 2,000 or more motor vehicles; or
(q) existing road with traffic volume of more than 2,000
motor vehicles being modified to increase traffic by
25 percent, or by 2,000 or more motor vehicles, which-
ever is less.
(5) Where an indirect source is constructed or modified in in-
crements which individually are not subject to review under
this section, all such increments occurring since the
effective date of this regulation shall be added together
for determining the applicability of this section.
3. No owner or operator of an indirect source subject to this regu-
lation' shall commence construction or modification of such source
after the effective date of this regulation without first ob-
taining approval from the Department.
(1) Application for approval to construct or modify shall be
made on forms furnished by the Department and shall include
as a minimum the following information:
(a) The name and address of owner arid/or operator.
(b) The description of the location and design of such
source, including its relation to surrounding roadways.
(c) The total motor vehicle parking capacity before and
after the construction or modification of the indirect
, ., source.
(d) The normal hours of operation of the facility and the
: enterprises and activities which it serves.
(e) The number of people using or engaging in any enter-
- prises or activities which the facility will serve.
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(f) The estimated average and maximum number of vehicle
trips generated by the indirect source for one-hour and
. . . \ eight-hour time period.
' . (g) Estimates of the effect of the construction or modifi-
cation of the indirect source on traffic patterns and
flow in the vicinity.
(h) Measured ambient air quality data at the site of the
indirect source prior to construction or modification.
Estimated ambient air quality data may be accepted by
the Department where the applicant can show that such
estimates were made in accordance with techniques
established by the Department.
(i) An estimate of the effect of the construction or modi-
fication of the indirect source on total vehicle mile
of travel and additional residential, commercial and
industrial development which may occur as a result of
such construction or modification.
(2) A separate application is required for each indirect source.
(3) Each application shall be signed by the owner or operator,
which signature shall constitute an agreement that the
applicant will assume responsibility for the construction,
modification or operation of the source in accordance with
applicable rules and regulations, and the design submitted
in the application.
(4) Any additional information, plans, specifications, evidence
or documentation that the Department may require shall be
furnished upon request.
4. No approval to construct or modify will be granted unless the !
applicant shows to the satisfaction of the Department that:
(1) The source will be operated without causing a violation of
the control strategy which is part of the applicable plan*,
and ;
(2) The emission resulting from the mobile source activity
associated with the facility will not prevent or interfere
with the attainment or maintenance of the ambient air
quality standards.
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5. The Department will notify the applicant and the public by
prominent advertisement in the region affected of the opportu-
nity ffcr public comment on the information submitted by the
owner or operator.
(1) Such information, including the Department's analysis of
the effect of the indirect source on air quality as related
to expected ambient concentrations of carbon monoxide,
photochemical oxidants, and nitrogen oxides following con-
struction or modification, and the Department's proposed
approval or disapproval, will be available in at least one
location in the region affected.
(2) Public comments submitted within 30 days of the date such
information is made available will be considered by the
Department in making a final decision on the application.
(3) The Department will take final action on an application
within 30 days after the close of public comment period.
Thje Department will notify the applicant in writing of its
Approval, or denial of the application, and will set forth
i1js reasons for denial.
6. The Department may impose any reasonable conditions on an appro-
val, including conditions requiring the source owner or operator
to conduct ambient air quality monitoring in the vicinity of the
site ..of the source for a reasonable period prior to commencement
of construction or modification, and/or for any specified period
after the facility has commenced operation.
7. Approval to construct or modify shall not relieve any owner or
operator of the responsiblity to comply with the control strategy
and all local, State, and Federal regulations which are part of
the applicable Kentucky Implementation Plan.
8. This regulation shall become effective upon final adoption.
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FEDERALLY PROMULGATED
REGULATIONS
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(6.0) 52.927 Compliance Schedules.
(a) THe requirements of § 51.15(c) of this chapter are not met since
compliance schedules with adequate increments of progress have not
been submitted for every source for which they are required.
(b) Federal, compliance schedules.
(1) Except as provided in paragraph (b) (5) of this section, the
owner or operator of any fuel-burning facility subject to
the requirements of the Kentucky Air Pollution Control Regu-
lations as they apply to sulfur dioxide sources, shall notify
the Regional Administrator, by no later than November 3, 1975,
of his intent to utilize either low-sulfur fuel or stack gas
desulfurization to meet these requirements.
(2) Any owner or operator of a stationary source subject to
paragraph (b) (1) of this section who elects to utilize low-
sulfur fuel shall be subject to the following compliance
schedule:
(i) ' December 1, 1975 - Submit to the Regional Administrator
a projection of the amount of fuel, by types, that will
be substantially adequate to enable compliance with the
applicable regulation on July 1, 1977, and for at
least one year thereafter, as well as a statement as to
whether boiler modifications will be required. If so,
final plans for such modifications must be submitted
: . simultaneously.
(it) December 31, 1975 - Sign contracts with fuel suppliers
for projected fuel requirements as projected above.
(iii) December 31, 1975 - Let contracts for necessary boiler
modifications, if applicable.
.(iv) January 30, 1976 - Initiate onsite modifications, if
. :: applicable.
(v) May 1, 1977 - Complete onsite modifications, if
applicable.
(vi) July 1, 1977 - Achieve compliance with the applicable
regulations, and certify such compliance to the
Regional Administrator.
(3) Any owner or operator subject to subparagraph (1) of this para-
graph, who elects to utilize stack gas desulfurization shall be
subject to the following compliance schedule:
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(i) December 1, 1975 - Submit to the Regional Administrator
, a final control plan, which describes at a minimum the
steps which will be taken by the source to achieve
compliance with the applicable regulations.
(ii) December 31, 1975 - Negotiate and sign all necessary
, , contracts for emission control systems or process modi-
fications, or issue orders for the purchase of
component parts to accomplish emission control or
process modifications.
(iii) January 30, 1976 - Initiate onsite construction or
installation of emission control equipment or process
modification.
.(iv) May 1, 1977 - Complete onsite construction or Install-
ation or emission control equipment or process modi-
fication.
.'(v) July 1, 1977 - Complete shakedown operations and
performance tests for the applicable unit(s); achieve
compliance with Kentucky Division of Air Pollution
Regulation for sulfur dioxide sources and certify such
compliance to the Regional Administrator. Ten days
prior to any performance testing, notice must be given
to the Regional Administrator to afford him the
opportunity to have an observer present.
(4) Five days after the deadline for completing increments in para-
graphs (b) (2) (ii) through (b) (2) (v) and (b) (3) (ii)
through (b) (3) (iv) of this section, certify to the Regional
. Administrator whether the. increment has been met.
(5) (n) None of the above subparagraphs shall apply to a source
which is presently in compliance with applicable
regulations. The owner or operator of any fuel-burning
facility with an aggregate heat input of more than
250 million BTU per hour which is presently in com-
pliance, shall certify such compliance to the Regional
Administrator by November 3, 1975. The Regional
Administrator may request whatever supporting infor-
mation he considers necessary for proper certification.
(ii) Any compliance schedule adopted by the State and approved
by the Administrator shall satisfy the requirements of
this paragraph for the affected source.
(iii) Any owner or operator subject to a compliance schedule
in this paragraph may submit to the Regional Administra-
- tor no later than December 1, 1975, a proposed alterna-
tive compliance schedule. No such compliance schedule
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may provide for final compliance after the final com-
pliance date in the applicable compliance schedule of
this paragraph. If approved by the Administrator,
such schedule shall satisfy the requirements of this
paragraph for the affected source.
(6) Nothing in this paragraph shall preclude the Administrator
from promulgating a separate schedule for any source to which
the application of a compliance schedule in this paragraph
fails to satisfy the requirements of § 51.15 (b) and (c) of
this chapter.
(c) The compliance schedules for the sources identified below are
approved as meeting the requirements of §§ 51.6 and 51.15 of this
chapter. All regulations cited are air pollution control regula-
tions of the State, except in the case of Jefferson County
schedules, for which the regulations cited are those of the
local air pollution control agency.
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(17.0) 52.931 Prevention of Significant Deterioration
(b) Definitions.. For the purposes of this section:
(!). "Facility" means an identifiable piece of process equipment. A
stationary source is composed of one or more pollutant-emitting
facilities.
(2) The phrase "Administrator" means the Administrator of the Envi-
ronmental Protection Agency or his designated representative.
(3) The phrase "Federal Land Manager" means the head, or his desig-
nated representative, of any Department or Agency of the Fed-.
era! Government which administers federally-owned land, includ-
ing public domain lands.
(4) The phrase "Indian Reservation" means any federally-recognized
'- -reservation established by Treaty, Agreement, Executive Order,
or Act of Congress.
(5) The phrase "Indian Governing Body" means the governing body of
any tribe, band, or group of Indians subject to the jurisdiction
of the United States and recognized by the United States as pos-
sessing power of self-government.
(6) "Construction" means fabrication, erection or installation of a
stationary source.
(7) "Commenced" means that an owner or operator has undertaken a
.continuous program of construction or modification 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 or modification.
(c) Area designation and deterioration increment
(1) The provisions of this paragraph have been incorporated by ref-
erence into the applicable implementation plans for various
States, as provided in Subparts B through ODD of this part. Where
.this paragraph is so incorporated, the provisions shall also be
applicable to all lands owned by the Federal Government and In-
dian Reservations located in such State. The provisions of this
paragraph do not apply in those counties or other functionally
equivalent areas that pervasively exceeded any national ambient
air quality standards during 1974 for sulfur dioxide or particu-
late matter and then only with respect to such pollutants.
States may notify the Administrator at any time of those areas
which exceeded the national standards during 1974 and therefore
: are exempt from the requirements of this paragraph.
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(2) (i) For purposes of this paragraph, areas designated as Class
I or II shall be limited to the following increases in
pollutant concentration occurring since January 1, 1975:
Area Designations
Pollutant Class I Class II
(ug/m3) (ug/m3)
Particulate matter:
Annual geometric mean 5 10
24-hr maximum 10 30
Sulfur dioxide:
Annual arithmetic mean 2 15
24-hr maximum 5 100
3-hr maximum 25 700
(ii) For purposes of this paragraph, areas designated as Class
j III shall be limited to" concentrations"of pa'rticulate
matter and sulfur dioxide no greater than the national
ambient air quality standards.
(iii) The air quality impact of sources granted approval to
i construct or modify prior to January 1, 1975 (pursuant to
the approved new source review procedures in the plan)
but not yet operating prior to January 1, 1975, shall not
be counted against the air quality increments specified
in paragraph (c) (2) (i) of this section.
(3) (i) All areas are designated Class II as of the effective
date of this paragraph. Redesignation may be proposed by
the respective States, Federal Land Manager, or Indian
Governing Bodies, as provided below, subject to approval
by the Administrator.
(ii) The State may submit to the Administrator a proposal to
redesignate areas of the State Class I, Class II, or
Class III, provided that:
(a) At least one public hearing is held in or near the
area affected and this public hearing is held in
accordance with procedures established in 51.4 of
this chapter, and
(b) Other States, Indian Governing Bodies, and Federal
Land Managers whose lands may be affected by the
proposed redesignation are notified at least 30 days
prior to the public hearing, and
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(c) A discussion of the reasons for the proposed redes-
ignation is available for public inspection at least
30 days prior to the hearing and the notice announc-
ing the hearing contains appropriate notification of
the availability of such discussion, and
(d) The proposed redesignation is based on the record of
the State's hearing, which must reflect the basis
for the proposed redesignation, including consider-
ation of (1) growth anticipated in the area, (2)
the social, environmental, and economic effects of
such redesignation upon the area being proposed for
redesignation and upon other areas and States, and
(3) any impacts of such proposed redesignation upon
regional or national interests.
(e) The redesignation is proposed after consultation
with the elected leadership of local and other sub-
state general purpose governments In the area cov-
ered by the proposed redesignation.
(iii) Except as provided in paragraph (c) (3) (iv) of this
section, a State in which lands owned by the Federal Gov-
ernment are located may submit to the Administrator a
proposal to redesignate such lands Class I, Class II, or
Class III in accordance with subdivision (ii) of this
subparagraph provided that:
(a) The redesignation is consistent with adjacent State
and privately owned land, and
(b) Such redesignation is proposed after consultation
with the Federal Land Manager.
(iv) Notwithstanding subdivision (iii) of this subparagraph,
the Federal.Land Manager may submit to the Administrator
a proposal to redesignate any Federal lands to a more
restrictive designation than would otherwise be applic-
able provided that:
(a) The Federal Land Manager follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (ii) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Federal Land is lo-
cated or which border the Federal Land.
(v) Nothing in this section is intended to convey authority
to the States over Indian Reservations where States have
not assumed such authority under other laws nor is it
intended to deny jurisdiction v/hich States have assumed
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under other laws. Where a State has not assumed juris-
diction over an Indian Reservation the appropriate In-
dian Governing Body may submit to the Administrator a
proposal to redesignate areas Class I, Class II, or
Class III, provided that:
(a) The Indian Governing Body follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (ii) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Indian Reservation
is located or which border the Indian Reservation
and, for those lands held in trust, with the approv-
al of the Secretary of the Interior.
(vi) The Administrator shall approve, within 90 days, any re-
! designation proposed pursuant to this subparagraph as
follows:
(a) Any redesignation proposed pursuant to subdivisions
(ii) and (iii) of this subparagraph shall be approv-
ed unless the Administrator determines (1) that the
requirements of subdivisions (ii) and (iii) of this
subparagraph have not been complied with, (2) that
the State has arbitrarily and capriciously disre-
garded relevant considerations set forth in sub-
paragraph (3) (ii) (d) of this paragraph, or (3)
that the State has not requested and received dele-
gation of responsibility for carrying out the new
source review requirements of paragraphs (d) and (e)
of this section.
(b) Any redesignation proposed pursuant to subdivision
(iv) of this subparagraph shall be approved unless
he determines (1) that the.requirements of subdivi-
sion (iv) of this subparagraph have not been complied
with, or (2) that the Federal Land Manager has arbi-
trarily and capriciously disregarded relevant con-
siderations set forth in subparagraph (3) (ii) (d) of
this paragraph.
(c) Any redesignation submitted pursuant to subdivision
(v) of this subparagraph shall be approved unless he
determines (1) that the requirements of subdivision
(v) of this subparagraph have not been complied with,
or (2) that the Indian Governing Body has arbitrar-
ily and capriciously disregarded relevant consider-
ations set forth in subparagraph (3) (ii) (d) of this
paragraph.
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(d) Any redesignation proposed pursuant to this para-
graph shall be approved only after the Administrator
has solicited written comments from affected Federal
agencies and Indian Governing Bodies and from the
4 public on the proposal.
i
J ,.; (e) Any proposed redesignation protested to the propos-
ing State, Indian Governing Body, or Federal Land
Manager and to the Administrator by another State or
Indian Governing Body because of the effects upon
such protesting State or Indian Reservation shall be
approved by the Administrator only if he determines
that in his judgment the redesignation appropriately
balances considerations of growth anticipated in the
area proposed to be redesignated; the social, envi-
ronmental and economic effects of such redesignation
upon the area being redesignated and upon other areas
and States; and any impacts upon regional or nation-
. : al interests.
(f) The requirements of paragraph (c) (3) (vi) (a) (3)
that a State request and receive delegation of the
new source review requirements of this section as a
condition to approval of a proposed redesignation,
shall include as a minimum receiving the administra-
tive and technical functions of the new source re-
view. The Administrator will carry out any required
enforcement action in cases where the State does not
have adequate legal authority to initiate such ac-
tions. The Administrator may waive the requirements
of paragraph (c) (3) (vi) (a) (3) if the State Attor-
ney-General has determined that the State cannot ac-
cept delegation of the administrative/technical func-
tions.
, (vii) If the Administrator disapproves any proposed area desig-
nation under this subparagraph, the State, Federal Land
Manager or Indian Governing Body, as appropriate, may re-
submit the proposal after correcting the deficiencies
noted by the Administrator or reconsidering any area des-
ignation determined by the Administrator to be arbitrary
and capricious.
(d) Review of new sources
(1) The provisions of this paragraph have been incorporated by refer-
; ence into the applicable implementation plans for various States,
. as provided in Subparts B through ODD of this part. Where this
paragraph is so incorporated, the requirements of this paragraph
apply to any new or modified stationary source of the type iden-
tified below which has not commenced construction or modification
. prior to June 1, 1975 except as specifically provided below. A
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source which is modified, but does not increase the amount of
sulfur oxides or particulate matter emitted, or is modified to
utilize an alternative fuel, or higher sulfur content fuel, shall
not be subject to this paragraph.
(i) Fossil-Fuel Steam Electric Plants of more than 1000 mil-
lion B.T.U. per hour heat input.
(ii) Coal Cleaning Plants.
(111) Kraft Pulp Mills.
(iv) . Portland Cement Plants.
(v) Primary Zinc Smelters.
(vi) Iron and Steel Mills.
(vil) Primary Aluminum Ore Reduction Plants.
(viii) Primary Copper Smelters.
(i.x) Municipal Incinerators capable of charging more than 250
tons of refuse per 24 hour day.
(x) Sulfuric Acid Plants.
(xi) Petroleum Refineries.
(xii) Lime Plants.
(xiii) Phosphate Rock Processing Plants.
(x'iv) By-Product Coke Oven Batteries.
(xv) Sulfur Recovery Plants.
(xy'i) Carbon Black Plants (furnace process).
(xv'ii) Primary Lead Smelters.
(xyiii) Fuel Conversion Plants.
t
(xix) Ferroalloy production facilities commencing construction
| after October 5, 1975.
(2) No owner or operator shall commence construction or modification
of a source subject to this paragraph unless the Administrator de-
termines that, on the basis of information submitted pursuant to
subparagraph (3) of this paragraph:
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(i) The effect on air quality concentration of the source or
modified source, in conjunction with the effects of growth
and reduction in emissions after January 1, 1975, of other
sources in the area affected by the proposed source, will
not violate the air quality increments applicable in the
area where the source will be located nor the air quality
increments applicable in any other areas. The analysis of
emissions growth and reduction after January 1, 1975, of
other sources in the areas affected by the proposed source
shall include all new and modified sources granted approv-
al to construct pursuant to this paragraph; reduction in
emissions from existing sources which contributed to air
quality during all or part of 1974; and general commer- ,
cial, residential, industrial, and other sources of emis-
sions growth not exempted by paragraph (c) (2) (111) of
this section which has occurred since January 1, 1975.
.(1-1) The new or modified source will meet an emission limit,
to be specified by the Administrator as a condition to
approval, which represents that level of emission reduc-
tion which would be achieved by the application of best
i available control technology, as defined in 52.01 (f),
! for particulate matter and sulfur dioxide. If the Admin-
; istrator determines that technological or economic limi-
I tations on the application of measurement methodology to
a particular class of sources would make the imposition
I of an emission standard infeasible, he may instead pre-
scribe a design or equipment standard requiring the appli-
cation of best available control technology. Such standard
shall to the degree possible set forth the emission re-
ductions achievable by implementation of such design or
equipment, and shall provide for compliance by means which
achieve equivalent results.
(iii) With respect to modified .sources, the requirements of sub-
paragraph (2) (ii) of this paragraph shall be applicable
" only to the facility or facilities from which emissions
are increased.
(3) In making the determinations required by paragraph (d) (2) of this
section, the Administrator shall, as a minimum, require the owner
or operator of the source subject to this paragraph to submit:
site informaticin, plans, description, specifications, and drawings
showing the design of the source; information necessary to de-
termine the impact that the construction or modification will have
on sulfur dioxide and particulate matter air quality levels; and
1 any other information necessary to determine that best available ;
control technology will be applied. Upon request of the Adminis-
trator, the owner or operator of the source shall provide informa-
tion on the nature and extent of general commercial, residential,
industrial, and other growth which has occurred in the area af-
fected by the source's emissions (such area to be specified by the
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Administrator) since January 1, 1975.
(4) (i) Where a new or modified source is located on Federal
Lands, such source shall be subject to the procedures
set forth- in paragraphs (d) and (e) of this section.
Such procedures shall be in addition to applicable pro-
cedures conducted by the Federal Land Manager for admin-
istration and protection of the affected Federal Lands.
Where feasible, the Administrator will coordinate his
review and hearings with the Federal Land Manager to
avoid duplicate administrative procedures.
(ii) New or modified sources which are located on Indian
Reservations shall be subject to procedures set forth in
paragraphs (d) and (e) of this section. Such procedures
shall be administered by the Administrator in cooperation
with the Secretary of the Interior with respect to lands
».: over which the State has not assumed jurisdiction under
other laws.
\
(1ii) Whenever any new or modified source is subject to action
: by a Federal Agency which might necessitate preparation
of an environmental impact statement pursuant to the
National Environmental Policy Act (42 U.S.C. 4321), re-
view by the Administrator conducted pursuant to this
paragraph shall be coordinated with the broad environmen-
tal reviews under that Act, to the maximum extent feas-
ible and reasonable.
(5) Where an owner or operator has applied for permission to con-
struct or modify pursuant to this paragraph and the proposed
source would be located in an area which has been proposed for
redesignation to a more stringent class (or the State, Indian
Governing Body, or Federal Land Manager has announced such con-
sideration), approval shall not be granted until the Administra-
tor has acted on the proposed redesignation.
(e) Procedures for public participation
j
(1) (i) Within 20 days after receipt of an application to con-
struct, or any addition to such application, the Admin-
istrator shall advise the owner or operator of any de-
ficiency in the information submitted in support of the
application. In the event of such a deficiency, the date
of receipt of the application for the purpose of para-
graph (e) (1) (ii) of this section shall be the date on
which all required information is received by the Admin-
istrator.
'(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
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(a) Make a preliminary determination whether the source
should be approved, approved with conditions, or dis-
approved.
; (b) Make available in at least one location in each re-
gion in which the proposed source would be construct-
.;.. ed, a copy of all materials submitted by the owner or
operator, a copy of the Administrator's preliminary
determination and a copy or summary of other materi-
als, if any, considered by the Administrator in mak-
ing his preliminary determination; and
(c) Notify the public, by prominent advertisement in
newspaper of general circulation in each region in
which the proposed source would be constructed, of
the opportunity for written public comment on the in-
formation submitted by the owner or operator and the
Administrator's preliminary determination on the ap-
provability of the source.
(iii) A copy of the notice required pursuant to this subpara-
graph shall be sent to the applicant and to officials and
agencies having cognizance over the locations where the
source will be situated as follows: State and local air
pollution control agencies, the chief executive of the
city and county; any comprehensive regional land use plan-
ning agency; and any State, Federal Land Manager or In-
dian Governing Body whose lands will be significantly af-
fected by the source's emissions'.
(iv) Public comments submitted in writing within 30 days after
the date such information is made available shall be con-
sidered by the Administrator in making his final decision
on the application. No later than 10 days after the
close of the public comment period, the applicant may sub-
mit a written response to any comments submitted by the
public. The Administrator shall consider the applicant's
response in making his final decision. All comments shall
be made available for public"inspection in at least one
location in the region in which the source would be located,
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional .approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the source would be lo-
cated.
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(vi) The Administrator may extend each of the time periods
specified in paragraph (e) (1) '(ii), (iv), or (v) of this
section by no more than 30 days or such other period as
; agreed to by the applicant and the Administrator.
(2) Any owner or operator who constructs, modifies, or operates a
stationary source not in accordance with the application, as ap-
proved and conditioned by the Administrator, or any owner or op-
erator of a stationary source subject to this paragraph who com-
mences construction or modification after June 1, 1975, without
applying for and receiving approval hereunder, shall be subject
to enforcement action under section 113 of the Act.
(3) Approval to construct or modify shall become invalid if construc-
tion or expansion is not commenced within 18 months after receipt
of such approval or if construction is discontinued for a period
of 18 months or more. The Administrator may extend such time pe-
riod upon a satisfactory showing that an extension is justified.
(4) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strat-
egy and all local, State, and Federal regulations which are part
of pe applicable State Implementation Plan.
(f) Delegation .of authority
(1) The Administrator shall have the authority to delegate responsi-
bility for implementing the procedures for conducting source re-
view pursuant to paragraphs (d) and (e), in accordance with sub-
paragraphs (2), (3), and (4) of this paragraph.
(2) Where the Administrator delegates the responsibility for Imple-
menting the procedures for conducting source review pursuant to
this section to any Agency, other than a regional office of the
Environmental Protection Agency, the following provisions shall
.(i.j. Where the agency designated is not an air pollution con-
; t . trol agency, such agency shall consult with the appropri-
ate State and local air pollution control agency prior to
; making any determination required by paragraph (d) of
this section. Similarly, where the agency designated
does not have continuing responsibilities for managing
land use, such agency shall consult with the appropriate
State and local agency which is primarily responsible for
\ managing land use prior to making any determination re-
',.'. quired by paragraph (d) of this section.
'(IT) A copy of the notice pursuant to paragraph (e) (1) (ii)
(c) of this section shall be sent to the Administrator
' ''"' through the appropriate regional office.
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(3) In accordance with Executive Order 11752, the Administrator's
authority for implementing the procedures for conducting source
review pursuant to this section shall not be delegated, other than
to a regional office of the Environmental Protection Agency, for
new or modified sources which are owned or operated by the Federal
government or for new or modified sources located on Federal lands;
except that, with respect to the latter category, where new or
modified sources are constructed or operated on Federal lands pur-
suant to leasing or other Federal agreements, the Federal land
Manager may at his discretion, to the extent permissible under ap-
plicable statutes and regulations, require the lessee or permittee
to be subject to a designated State or local agency's procedures
developed pursuant to paragraphs (d) and (e) of this section.
(4) The Administrator's authority for implementing the procedures for
conducting source review pursuant to this section shall not be re-
delegated, other than to a regional office of the Environmental
Protection Agency, for new or modified sources which are located
on .Indian reservations except where the State has assumed juris-
dictjion over such land under other laws, in which case the Admin-
istrjator may delegate his authority to the States in accordance
withj.subparagraphs (2), (3), and (4) of this paragraph.
,(39 !FR 42514, Dec. 5, 1974; 40 FR 2802, Jan. 16, 1975, as
: .amended at 40 FR 24535, June 9, 1975; 40 FR 25005, June 12,
. 2975; 40 FR 42012, Sept. 10, 1975)
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