State Implementation Plan Kentucky


U.S. EPA
Kentucky
Region IV
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AIR POLLUTION CONTROL REGULATIONS FOR KENTUCKY
TABLE OF CONTENTS
CHAPTER 50
401 KAR5O.005
401 KAR 50010
401 KAR5O:0l2
401 KAR5O:015
401 KAR 50 020
401 KAR5O:025
401 KAR5O.030
401 KAR5O:035
401 KAR 50040
401 KAR5O.042
401 KAR 50045
401 KAR 50050
401 KAR 50055
401 KAR 50060
401 KAR 50065
CHAPTER 51
401 KAR5IOOI
401 KAR 51 005
401 KAR 51 010
401 KAR5I 017
401 KAR 51052
CHAPTER 53
401 KAR53 005
401 KAR53 010
CHAPTER 55
401 KAR 55 005
401 KAR55010
401 KAR55.015
401 KAR55020
CHAPTER 59
401 KAR 59001
401 KAR 59005
401 KAR 59 010
401 KAR59015
401 KAR 59 020
401 KAR59046
401 KAR59 050
GENERAL ADMINISTRATIVE PROCEDURES
General application
Definitions and abbreviations
General application
Documents incorporated by reference
Air quality control regions
Classification of counties
Registration of sources
Permits
Air quality models
Good engineering practice stack height
Performance tests -
Monitoring
General compliance requirements
Enforcement
Conformity of general federal actions
Definitions and abbreviations
Purpose and general pmvisions
Attainment status designations
Prevention of significant deterioration of air quality
Review of new sources impacting non-atl4inment areas
AMBIENT AIR QUALITY
General provisions
Ambient air quality standards
EMERGENCY EPISODES
Significant harm criteria
Episode criteria
Episode declaration
Abatement strategies
NEW SOURCE STANDARDS
Definitions and abbreviations
General provisions
New process operations
New indirect heat exchangers
New incinerators
Selected new petroleum refining processes and equipment
New storage vessels for petroleum liquids
NEW SOURCE REQUIREMENTS: NON-ATTAINMENT AREAS
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401 KAR59 080
401 KAR 59085
401 KAR 59090
401 KAR 59:095
401 KAR59.101
401 KAR 59105
401 KAR 59•174
401 KAR59:175
401 KAR59.185
401 KAR 59190
401 KAR 59210
401 KAR59.212
401 KAR59214.
401 KAR59 225.
401 KAR59230.
401 KAR59.235.
401 KAR59 240
401 KAR59 315
New kraft (sulfate) pulp mills
New sulfite pulp mills
New ethylene producing plants
New oil-effluent water separators
New bulk gasoline plants
New process gas streams
Stage II controls at gasoline dispensing facilities
New service stations
New solvent metal cleaning equipment
New insulation of magnet wire operations
New fabric, vinyl and paper surface coating operations
New graphic arts facilities using rotogravure and flexography
New factory surface coating operations of flat wood paneling
New miscellaneous metal parts and products surface coating operations
New synthesized pharmaceutical product manufacturing operations
New pneumatic rubber tire manufacturing plants
New perchioroethylene dry cleaning systems
Specific new sources
CHAPTER 61 EXISTING SOURCE STANDARDS
401 KAR6IOOI
401 KAR6I:005
401 KAR6IOIO
401 KAR61 015
401 KAR6I 020
401 KAR61 025
401 KAR61 030
401 KAR6I 035
401 KAR6 I:040
401 KAR 61 .045
401 KAR61050
401 KAR61055
401 KAR6I 056
401 KAR6I 060
401 KAR61065
401 KAR6IO7O
401 KAR 61 .075
401 KAR61.080
401 KAR6I:085
401 KAR6I:090
401 KAR61:095
401 KAR61 100
401 KAR6I.105
401 KAR6I 110
401 KAR 61120
401 KAR61.122
401 KAR 61124
401 KAR 61125
401 KAR61 130
401 KAR6I.132
401 KAR61:135
401 KAR6I-l37
Definitions and abbreviations
General provisions
Existing incinerators
Existing indirect heat exchangers
Existing process operations
Existing kraft (sulfate) pulp mills
Existing sulfuric acid plants
Existing process gas streams
Existing ethylene producing plants
Existing oil-effluent water separators
Existing storage vessels for petroleum liquids
Existing loading facilities at bulk gasoline terminals
Existing bulk gasoline plants
Existing sources using organic solvents
Existing nitric acid plants
Existing ferroalloy production facilities
Steel plants and foundries using existing electric arc furnaces
Steel plants and using existing basic oxygen process furnaces
Existing service stations
Existing automobile and light-duty surface coating operations
Existing solvent metal cleaning equipment
Existing insulation of magnetic wire operations
Existing metal furniture coating operations
Existing large appliance coating operations
Existing fabric, vinyl and paper surface coating operations
Existing graphic arts facilities using rotogravure and flexography
Existing factory surface coating operations of flat wood paneling
Existing can surface coating operations
Existing coil surface coating operations
Existing miscellaneous metal parts and products surface coating operations
Selected existing petroleum refining processes and equipment
Leaks from existing petroleum refinery equipment
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401 KAR 61140
401 KAR61:145
401 KAR6I150
401 KAR6I 155
401 KAR 61160
401 KAR6I:165
401 KAR6I:170
401 KAR 61 :175
Existing by-product coke manufacturing plants
Existing petroleum refineries
Existing synthesized pharmaceutical product manufacturing operations
Existing pneumatic rubber tire manufacturing plants
Existing perchioroethylene dry cleaning systems
Existing primary aluminum reduction plants
Existing blast furnace casthouses
Leaks from existing synthetic organic chemical and polymer manufacturing equipment
CHAPTER 63 GENERAL STANDARDS OF PERFORMANCE
401 KAR63.O01
401 KAR63:005
401 KAR63:01O
401 KAR 63015
401 KAR63:020
401 K.AR63:025
401 KAR63 031
Definitions and abbreviations
Open burning
Fugitive emissions
Flares
Potentially hazardous matter or toxic substances
Existing sources emitting toxic air pollutants
Leaks from gasoline tank trucks
CHAPTER 65 MOBILE SOURCE RELATED EMISSIONS.
401 KAR65 001
401 KAR65 005
401 KAR65 010
Definitions and abbreviations
Liquefied petroleum gas carburetion systems
Vehicle emission cornrol program
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401 KA 50:005. General application.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
RELATES TO: KRS Chapter 224
PURSUANT TO: KRS 13,082. 224.033
NECESSITY AND FUNCTION: KRS 224.033 requires the Department for Natural
Resources and Environmental Protection to prescribe regulations for the
prevention, abatement, and control of air pollution. This regulation provides
guidelines by which all regulations of Title 401. Chapters 50 to 65, are to be
understood.
Section 1. General Application of Regulations and Standards. Regulations of
the department shall be construed and applied in light of the considerations
set forth hereinafter which shall guide the department in the issuance,
modification, and revocation of permits.
(1) In the absence of any standard specified in these regulations, 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 statue, ordinance, or regulation.
(3) These regulations shall be construed 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 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.
Effective Date: June 6, 1979
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 DEC 24, 1980 45 FR 84999
JAN 25, 1980 45 FR 6092
JUL 12, 1982 47 FR 30059
50:005 1

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401 KAR 50:010. Definitions and abbreviations of terms used in Title 401,
Chapters 50, 51, 53, 55, 57, 59, 61, 63, and 65.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
RELATES TO: KRS 224.01-010, 224.01-100, 224.20-100, 224.20-110, 224.20-120; 40
CFR, Chapter I; Appendices A through K to 40 CFR 50; 40 CFR 5 1: 100(s); 40
CFR 53; 40 CFR 60; Appendices A and B to 40 CFR 60; Appendix B to 40 CFR 61;
42 USC 7410; 42 USC 741t(a) (8)
STATUTORY AUTHORITY: KRS 13A.222(4)(e); 224.10-100
NECESSITY AND FUNCTION: KRS224.l0-l00 requires the Natural Resources and
Environmental Protection Cabinet to prescribe regulations for the prevention,
abatement, and control of air pollution. This regulation provides for the
defining of terms to be used in Title 401, Chapters 50 to 65.
Section 1. Definitions. All terms not defined in this regulation or in
subsequent regulations shall have the meaning given them in KRS 224.01-010 or
by commonly accepted usage. As used in the regulations of the Division for
Air Quality, unless the content clearly indicates otherwise, the following
words shall have the following meanings:
(1) “Affected facility” means an apparatus, building, operation, road, or
other entity or series of entities which emits or may emit an air
contaminant into the outdoor atmosphere.
(2) “Air contaminant” has the meaning given it in KRS 224.01-010.
(3) “Air pollutant” means an air contaminant.
(4) “Air pollution” has the meaning given it in KRS 224.01-010.
(5) “Air pollution control equipment” means a mechanism, device or
contrivance used to control or prevent air pollution, which is not,
aside from air pollution control laws and regulations, vital to
production of the normal product of the source or to its normal
operation.
(6) “Alteration” means:
(a) The installation or replacement of air pollution control
equipment at a source;
(b) A physical change in or change in the method of operation of an
affected facility which increases the potential to emit of a
pollutant (to which a standard applies) emitted by the facility or
which results in the emission of an air pollutant (to which a
standard applies) not previously emitted.
(7) “Alternative method” means a method of sampling and analyzing for an air
pollutant which is not a reference or equivalent method but which has
been demonstrated to the cabinet’s and the U.S. EPA’s satisfaction to,
in specific cases, produce results adequate for its determination of
compliance.
(8) “Ambient air” means that portion of the atmosphere, external to
buildings, to which the general public has access.
(9) “Ambient air quality standard” means a numerical expression of a
specified concentration level f or a particular air contaminant and the
time averaging interval over which that concentration level is measured
and is a goal to be achieved in a stated time through the application or
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appropriate preventive or control measures.
(10) “Cabinet” has the meaning given it in KRS 224.01-010.
(11) “Capital expenditure” means an expenditure for a physical or operational
change to an affected facility which exceeds the product of the
applicable “annual asset guideline repair allowance percentage”
specified in the Internal Revenue Service (IRS) Publication 534 which
has been incorporated by reference in Section 4 of this regulation, and
the affected facility’s basis, as defined by section 1012 of the
Internal Revenue Code which has been incorporated by reference in
Section 4 of this regulation. However, the total expenditure for a
physical or operational change to an affected facility shall not be
reduced by any “excluded additions” as defined in IRS Publication 534,
as would be done for tax purposes.
(12) “Commence” means that an owner or operator has undertaken a continuous
program of construction, modification, or reconstruction of an affected
facility, or that an owner or operator has entered into a contractual
obligation to undertake and complete, within a reasonable time, a
continuous program of construction. modification, or reconstruction of
an affected facility.
(13) “Compliance schedule” means a time schedule of remedial measures
including an enforceable sequence of actions or operations leading to
compliance with a limitation or standard.
(14) “Construction” means fabrication, erection, installation or modification
of an air contaminant source.
(15) “Continuous monitoring system” means the total equipment, required under
the applicable regulations used to sample, to condition (if applicable),
to analyze and to provide a permanent record of emissions or process
parameters.
(16) “Director” means Director of the Division for Air Quality of the Natural
Resources and Environmental Protection Cabinet.
(17) “District” has the meaning given it in KRS 224.01-100.
(18) “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 an affected facility or from air pollution
control equipment installed in an affected facility.
(19) “Equivalent method” means a method of sampling and analyzing for an air
pollutant which has been demonstrated to the cabinet’s and the U.S.
EPA’s satisfaction to have a consistent and quantitatively known
relationship to the reference method, under specified conditions.
(20) “Exempt solvent” means an organic compound listed in the definition of
volatile organic compound as not participating in atmospheric
photochemical reactions.
(21) “Existing source” means a source which is not a new source.
(22) “Extreme nonattainment county” or “extreme nonattainment area” means a
county or portion of a county designated extreme nonattainment in 401
KAR 51:010.
(23) “Fixed capital cost” means the capital needed to provide all the
depreciable components.
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(24) “Fuel” means natural gas, petroleum, coal, wood, and any form of solid, 4
liquid, or gaseous fuel derived from these materials for the purpose of
creating useful heat.
(25) “Fugitive emissions” means the emissions of an air contaminant into the
open air other than from a stack or air pollution control equipment
exhaust.
(26) “Hydrocarbon” means an organic compound consisting predominantly of
carbon and hydrogen.
(27) “Incineration” means the process of igniting and burning solid, semi-
solid, liquid, or gaseous combustible wastes.
(28) “Intermittent emissions” means emissions of particulate matter into the
open air from a process which operates for less than any six (6)
consecutive minutes.
(29) “Major source” means a source of which the potential emission rate is
equal to or greater than 100 tons per year of any one (1) of the
following pollutants: particulate matter, sulfur oxides, nitrogen
oxides, volatile organic compounds or carbon monoxide.
(30) “Malfunction” means a 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 preventable equipment breakdown shall not be considered
malfunctions.
(31) “Marginal nonattainment county” or “marginal nonattainment area” means a
county or portion of a county designated marginal nonattainment in 401
KAR 51:010.
(32) “Moderate nonattainment county” or “moderate nonattainment area” means a
county or portion of a county designated moderate nonattainment in 401
KAR 51:010.
(33) “Modification” means a physical change in, or change in the method of
operation of, an affected facility which increases the amount of an air
pollutant (to which a standard applies) emitted into the atmosphere by
that facility or which results in the emission of an air pollutant (to
which a standard applies) into the atmosphere not previously emitted.
The following shall not, by themselves, be considered modifications:
(a) Maintenance, repair, and replacement which the cabinet determines
to be routine for a source category;
(b) An increase in production rate of an affected facility, if that
increase can be accomplished without a capital expenditure on that
facility;
Cc) An increase in the hours of operation;
Cd) Use of an alternative fuel or raw material if, prior to the date
any standard becomes applicable to that source type, the affected
facility was designed to accommodate that alternative use. A
facility shall be considered to be designed to accommodate an
alternative fuel or raw material if that use could be accomplished
under the facility’s construction specifications as amended prior
to the change. Conversion to coal required for energy
considerations, as specified in 42 USC 7411(a) (8). shall not be
considered a modification;
50:010 -

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Ce) The addition or use of any system or device whose primary
function is the reduction of air pollutants, except when an
emission control system is removed or is replaced by a system
which the cabinet determines to be less environmentally
beneficial;
(f) The relocation or change in ownership of an existing facility.
(34) “Monitoring device” means the total equipment, required in applicable
regulations, used to measure and record (if applicable) process
parameters.
(35) “New source” means a source, the construction, reconstruction, or
modification of which commenced on or after the classification date as
defined in the applicable regulation. A source, upon reconstruction,
becomes a new source, irrespective of a change in emission rate.
(36) “Nitrogen oxides” means all oxides of nitrogen except nitrous oxide, as
measured by test methods specified by the cabinet.
(37) “Opacity” means the degree to which emissions reduce the transmission of
light and obscure the view of an object in the background.
(38) “Owner or operator” means a person who owns, leases, operates, controls,
or supervises an affected facility or a source to which an affected
facility is a part.
(39) “Particulate matter” means a material, except uncombined water, which
exists in a finely divided form as a liquid or a solid as measured by
the appropriate approved test method.
(40) “Particulate matter emissions” means, except as used in 40 CFR 60, all
finely divided solid or liquid material, other than uncombined water,
emitted to the ambient air as measured by applicable reference methods,
or an equivalent or alternative method specified in 40 CFR Chapter 1, or
by a test method specified in the approved state implementation plan.
(41) “Person” means an individual, public or private corporation, political
subdivision, government agency, municipality, industry, co-partnership,
association, firm, trust, estate, or other entity.
(42) “PM 10 ” means particulate matter with an aerodynamic diameter less than
or equal to a nominal ten (10) micrometers as measured by a reference
method based on Appendix J to 40 CFR 50, which has been incorporated by
reference in 401 KAR 50:015, and designated in accordance with 40 CFR
53, or by an equivalent method designated in accordance with 40 CFR 53.
(43) “PM 10 emissions”,means finely divided solid or liquid material with an
aerodynamic diameter less than or equal to a nominal ten (10)
micrometers emitted to the ambient air as measured by an applicable
reference method, or an equivalent or alternative method, specified in
40 CFR Chapter 1, or by a test method specified in the approved state
implementation plan.
(44) “Potential to emit” means the maximum capacity of a stationary source to
emit a pollutant under its physical and operational design. A physical
or operational limitation on the capacity of the source to emit a
pollutant, including air pollution control equipment and restrictions on
hours of operation or on the type or amount of material combusted,
stored, or processed, shall be treated as part of its design if the
limitation or the effect it would have on emissions is federally
enforceable. Secondary emissions shall not count in determining the
potential to emit of a stationary source.
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(45) “ReconstructiOn” means the replacement of components of an existing
affected facility to the extent that the fixed capital cost of the new
components exceeds fifty (50) percent of the fixed capital cost that
would be required to construct a comparable entirely new affected
facility, and it is technologically and economically feasible to meet
the applicable new source standards. Individual sections of these
regulations may include specific provisions which refine and delimit the
concept of reconstruction set forth in this subsection. The cabinet’s
determination as to whether the proposed replacement constitutes
reconstruction shall be based on:
(a) The fixed capital cost of the replacements in comparison to the
fixed capital cost that would be required to construct a
comparable entirely new facility;
(b) The estimated life of the affected facility after the replacements
compared to the life of a comparable entirely new affected
facility;
(c) The extent to which the components being replaced cause or
contribute to the emissions from the affected facility: and
Cd) Economic or technical limitations on compliance with applicable
standards of performance which are inherent in the proposed
replacements.
(46) “Reference method” means a method of sampling and analyzing for an air
pollutant as prescribed by Appendices A through K to 40 CFR 50,
Appendices A and B to 40 CFR 60, and Appendix B to 40 CFR 61, which have
been incorporated by reference in 401 KAR 50:015. This term may be more
narrowly defined within a specific regulation or chapter.
(47) “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.
(48) “Secondary emissions” means emissions which occur as a result of the
construction or operation of a major stationary source or major
modification, but do not come from the major stationary source or major
modification itself. Secondary emissions shall be specific, well
defined, quantifiable, and shall impact the same general area as does
the stationary source modification which causes the secondary emissions.
Secondary emissions may include, but are not limited to emissions from
an offsite support facility which would not otherwise be constructed or
increase its emissions as a result of the construction or operation of
the major stationary source or major modification. Secondary emissions
do not include emissions which come directly from a mobile source, such
as the emissions from the tailpipe of a motor vehicle, from a train, or
from a vessel.
(49) “Serious nonattainment county” or “serious nonattainment area” means a
county or portion of a county designated serious nonattaininent in 401
KAR 51:010.
(50) “Severe nonattainment county” or “severe nonattainment area” means a
county or portion of a county designated severe nonattainment in 401 KAR
51:010.
(51) “Shutdown” means the cessation of an operation.
(52) “Source” means one (1) or more affected facilities 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.
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(53) “Stack or chimney” means a flue, conduit, or duct arranged to conduct
emissions to the atmosphere.
(54) “Standard” means an emission standard, a standard of performance, or an
ambient air quality standard as promulgated under the regulations of the
Division for Air Quality or the emission control requirements necessary
to comply with Title 401, Chapter 51, of the regulations of the Division
for Air Quality.
(55) “Standard conditions:”
(a) For source measurements means twenty (20) degrees Celsius (sixty-
eight (68) degrees Fahrenheit) and a pressure of 760 mm Hg (29.92
in. of Hg);
(b) For the purpose of air quality determinations means twenty-five
(25) degrees Celsius and a reference pressure of 760 mm Hg.
(56) “Start-up” means the setting in operation of an affected facility.
(57) “State implementation plan” means the most recently prepared plan or
revision required by 42 USC 7410.
(58) “Total suspended particulate” means particulate matter as measured by
the method described in Appendix B of 40 CFR 50, which has been
incorporated by reference in 401 KAR 50:015.
(59) “Uncombined water” means water which can be separated from a compound by
ordinary physical means and which is not bound to a compound by internal
molecular forces.
(60) “Urban county” means a county which is a part of an urbanized area with
a population of greater than 200,000 based upon the 1980 census. If a
portion of a county is a part of an urbanized area, then the entire
county shall be classified as urban with respect to the regulations of
the Division for Air Quality.
(61) “Urbanized area” means an area defined as such by the U.S. Department of
Commerce, Bureau of Census.
(62) “Volatile organic compound” or “VOC” means an organic compound which
participates in atmospheric photochemical reaction. This includes an
organic compound other than the following compounds: methane; ethane;
carbon monoxide: carbon dioxide; carbonic acid; metallic carbides or
carbonates; ammonium carbonates; methylene chloride; 1,l,1
trichloroethane (methyl chloroform); trichlorofluoromethane (CFC-ll);
dichiorodifluoromethane (CFC-12); chlorodifluoromethane (CFC-22);
trif].uoromethane (FC23); trichiorotrifluoroethane (CFC- 1 13);
dichlorotetrafluoroethane (CFC 1 14); chloropentafluoroethane (CFC-115);
dichiorotrifluoroethane (HCFC-123); tetrafluoroethane (HFC-134a);
dichiorofluoroethane (HCFC-141b); chiorodifluoroethane (HCFC-142b); 2-
chloro-l,1,1 , 2-tetrafluoroethane (HCFC-124): pentafluoroethane (HFC-
125); l,l,2,2tetrafluoroethane (HFC-l34); 1,1,1-trifluoroethane (HFC-
143a); 1,1-difluoroethane (HFC-152a); parachlorobenzotriflouride
(PCBTF); cyclic, branched, or linear completely methylated siloxanes;
acetone; perchloroethylene (tetrachloroethylene) and perfluorocarbon
compounds which fall into these classes:
(a) Cyclic, branched, or linear, completely fluorinated alkaries;
(b) Cyclic, branched, or linear, completely fluorinated ethers with no
unsaturations;
(c) Cyclic, branched, or linear, completely fluorinated tertiary
amines with no unsaturations; and
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(d) Sulfur containing perfluorocarbons with no unsaturations and wit
sulfur bonds only to carbon and fluorine. These compounds have
been determined to have negligible photochemical reactivity. For’
purposes of determining compliance with emission limits, VOCs
shall be measured by test methods that have been approved by the
cabinet and the U.S.EPA. If a method used also inadvertently
measures compounds with negligible photochemical reactivity, an
owner or operator may exclude these negligibly reactive compounds
when determining compliance with an emissions standard.
Section 2. abbreviations.
The abbreviations used in the regulations of Title 401, Chapters 50 to 65,
shall have the following meanings:
AOAC - Association of Official Analytical Chemists;
ANSI - American National Standards Institute;
ASTM - American Society for Testing and Materials;
BOD - Biochemical oxidant demand;
BTU - British Thermal Unit;
- Degree Celsius (centigrade);
Cal - calorie;
cfm - cubic feet per minute;
CFR - Code of Federal Regulations;
CH 4 - methane;
CO Carbon monoxide:
C0 2 - Carbon dioxide;
COD - Chemical oxidant demand;
dscf dry cubic feet at standard conditions;
dscm - dry cubic meter at standard conditions;
- Degree Fahrenheit;
ft - feet;
g - gram;
gal - gallon;
gr grain;
hr - hour;
HC1 - Hydrochloric acid;
Hg mercury;
HF - Hydrogen fluoride;
1 1,O - water;
H 2 S - Hydrogen sulfide;
H 2 S0 4 - Sulfuric acid;
in - inch;
J - joule;
KAR - Kentucky Administrative Regulations;
kg - kilogram;
KRS - Kentucky Revised Statutes;
L - liter;
lb . pound;
m - meter;
m - cubic meter;
mm minute;
mg . milligram;
MJ megajoules;
MM - million;
mm - millimeter;
mo - month;
Ng nanograms;
N 2 - Nitrogen;
NO - Nitric oxide;
N 2 0 - Nitrogen dioxide;
NO - Nitrogen oxides;
oz - ounce;
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- oxygen;
03 - ozone;
ppb - parts per billion;
ppm - parts per million;
ppm (w/w) - parts per million (weight by weight);
- microgram;
psia - pounds per square inch absolute;
psig pounds per square inch gage;
S - at standard conditions;
sec - second;
SIP - State implementation plan;
SO 2 - Sulfur dioxide;
sq - square;
TAPPI - Technical Association of the Pulp and Paper Industry;
TSP - Total suspended particulates;
TSS - Total suspended solids;
U.S. EPA - United States Environmental Protection Agency;
UTM - Universal Transverse Mercator;
vOC - Volatile organic compound:
yd - yard;
Section 3. 401 KAR 50:047 definitions. As used in 401 KAR 50:047, unless the
content clearly indicates otherwise, the following terms shall have the
following meanings:
(1) “Capture” means the containment or recovery of emissions from a process
for direction into a duct which may be exhausted through a stack or sent
to a control device.
(2) “Capture system” means all equipment (including, but not limited to.
hoods, ducts, fans, booths, ovens, dryers, etc.) that contains.
collects, and transports an air pollutant to a control device.
(3) “Capture efficiency” means the weight per unit time of volatile
organic compounds (VOCS) entering a capture system and delivered to a
control device divided by the weight per unit time of total VOCs
generated by a source of VOCS, expressed as a percentage.
(4) “Control device” means equipment such as an incinerator or carbon
adsorber used to reduce, by destruction or removal, the amount of air
pollutants in an air stream prior to discharge to the ambient air.
(5) “Control system” means a combination of one (1) or more capture systems
and control devices working in concert to reduce discharges of
pollutants to the ambient air.
(6) “Destruction or removal efficiency” means the efficiency, expressed as a
decimal fraction, of a control device in destroying or removing
contaminants. It is calculated as one (1) minus the quotient of the
amount of VOCs exiting the control device divided by the amount of VOCs
entering the control device, i.e. l-((VOC exiting)/(VOC entering)).
(7) “Gas-gas method” means either of two (2) methods for determining capture
of emissions which rely on only gas phase measurements. One (1) method
requires construction of a total temporary enclosure to assure all
would-be fugitive emissions are measured: the other method uses the room
or building which houses the emission source as an enclosure.
(8) “Hood” means a partial enclosure or canopy for capturing and exhausting,
by means of a draft, the organic vapors or other fumes rising from a
coating process or other source.
50:010 - 8

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(9) “Liquid-gas method” means either of two (2) methods for determining
capture of emissions which require both gas phase and liquid phase
measurements and analysis. One (1) liquid-gas method requires
construction of a temporary enclosure; the other uses the building or
room which houses the facility as an enclosure.
(10) “Overall emission reduction efficiency” means the weight per unit time
of VOC removed by a control device divided by the weight per unit time
of VOC emitted by an emission source, expressed as a percentage. With
the efficiencies expressed as decimal fractions, the overall emission
reduction efficiency is the product of the capture efficiency and the
control equipment destruction or removal efficiency.
(11) “PTE” means a permanent total enclosure which contains a process that
emits VOC and meets the specifications given in Procedure T.
(12) “TTE” means a temporary total enclosure which is built around a process
that emits VOC and meets the specifications given in Procedure T.
(13) “BE” means a biulding or room enclosure that contains a process that
emits VOC. If a BE is to serve as a PTE or TTE, te appropiate
requirements given in Procedure T shall be met.
(14) “Procedure F.1” means Procedure F.]. in “VOM Measurement Techniques for
Capture Efficiency,” which has been incorporated by reference in Section
5 of this regulation.
(15) “Procedure F.2” means Procedure F.2 in “VOM Measurement Techniques for
Capture Efficiency,” which has been incorporated by reference in Section
5 of this regulation.
(16) “Procedure 0.2” means Procedure G.2 in “VOM Measurement Techniques for
Capture Efficiency,” which has been incorporated by reference in Section
5 of this regulation.
(17) “Procedure L” means Procedure L in “VOM Measurement Techniques for
Capture Efficiency,” which has been incorporated by reference in Section
5 of this regulation.
(18) “Procedure T” means Procedure T in “VOM Measurement Techniques for
Capture Efficiency,” which has been incorporated by reference in Section
5 of this regulation.
Section 4. Reference Material.
(1) Incorporation by reference. The following documents are incorporated by
reference:
(a) Depreciation, IRS Publication 534, catalog number 150640,
Department of the Treasury, Internal Revenue Service, and
(b) Section 1012, Basis of Property Cost, Income Tax-Basic Rules,
Internal Revenue Code.
(2) The documents incorporated by reference in subsection (1) of this
section are available for public inspection and copying, subject to
copyright law, at the following main and regional offices of the
Kentucky Division for Air Quality during the normal working hours of
8:00 a.m. to 4:30 p.m., local time.
(a) Kentucky Division for Air Quality, 316 St. Clair Mall, Frankfort,
Kentucky, 40601, (502) 564-3382;
(b) Ashland Regional Office, 3700 Thirteenth Street, Ashland,
Kentucky, 41101, (606) 325-8569;
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Cc) Bowling Green Regional Office, 1508 Westen Avenue, Bowling Green,
Kentucky, 42104, (502) 843-5475;
Cd) Florence Regional Office, 7964 Kentucky Drive, Suite 8, Florence,
Kentucky, 41042, (606) 292-641 1;
Ce) Hazard Regional Office, 233 Birch Street, Hazard, Kentucky, 41701,
(606) 439-2391;
(f) Owensboro Regional Office, 311 West Second Street, Owensboro,
Kentucky, 42301, (502) 686-3304; and
Cg) Paducah Regional Office, 4500 Clarks River Road, Paducah,
Kentucky, 42003, (502) 898-8468.
Effective Date: June 6. 1996
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 DEC 24, 1980 45 FR 84999
JAN 25, 1980 45 FR 6092
JUL 12, 1982 47 FR 30059
1st Revision DEC 09, 1982 DEC 04, 1986 51 FR 43472
2nd Revision DEC 29, 1986 NOV 28, 1989 54 FR 48887
3rd Revision JUL 07, 1988 FEB 07, 1990 55 FR 4169
4th Revision OCT 20, 1992 JUN 23, 1994 59 FR 32343
5th Revision MAY 04. 1995 JUN 13, 1995 60 FR 31087
6th Revision JUN 19, 1997 JAN 21, 1997 62 FR 2916
50:010 - 10

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401 KAR 50:012. General application.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
RELATES TO: KRS 224.10-100, 224.20-120, 40 CFR 60.14, 42 USC 7401 St. seq., 42
USC 7408, 42 USC 7410
STATUTORY AUTHORITY: KRS 224.10-100
NECESSITY AND FUNCTION: KRS 224. 10-100 requires the Natural Resources and
Environmental Protection Cabinet to prescribe regulations for the prevention,
abatement, and control of air pollution. 42 USC 7410 likewise requires the
state to implement standards for national primary and secondary ambient air
quality. This regulation provides guidelines by which all regulations of
Title 401, Chapters 50 to 65, are to be understood.
Section 1. General Application of Regulations and Standards. Regulations of
the cabinet shall be construed and applied according to Subsections (1)
through (6) of this section, which shall guide the cabinet in the issuance,
modification, and revocation of permits.
(1) All major sources of VOCs located in a county or portion of a county
which is designated ozone nonattainment, for any nonattainment
classification except marginal, under 401 KAR 51:010, shall install and
use control technology which is reasonable and available.
(a) The determination of reasonably control technology shall be
approved by the cabinet and shall be based upon:
1. A Control Techniques Guidelines Document issued by the U.S.
EPA promulgated in regulatory form by the cabinet, or
2. If no Control Techniques Guidelines Document is appropriat I
the lowest emission limit that a particular source is
capable of meeting by the application of control technology
that is reasonably available considering technological and
economic feasibility. The cabinet may require technology
that has been applied to similar, but not necessarily
identical source categories.
(b) For those reasonably available control technology determinations
not based on a control techniques guideline document, the cabinet
shall:
1. Hold a public hearing on the determination.
2. Submit the determination to the U.S. EPA for approval.
(c) For these determinations, that portion of a source with facilities
uncontrolled by reasonably available control technology which emit
VOCs that sum to 100 tpy or greater shall be considered a major
source.
(2) In the absence of a standard specified in these regulations, all air
contaminant sources shall as a minimum apply control procedures that are
reasonable, available, and practical.
(3) Nothing in these regulations is intended to permit a practice which is
in violation of a statute, ordinance, or regulation.
(4) These regulations shall be complementary to each other, and to other
regulations adopted by the cabinet. If a provision of these regulations
or the application thereof to a person or circumstance is held to be
invalid, the invalidity shall not affect other provisions or application
of another part of these regulations and to this end each provision of
these regulations, and the various implications thereof are declared to
50:012 - 1

-------
be severable.
(5) Except as provided by 401 KAR 50:055, nothing in these regulations shall
allow a source to remove control equipment or discontinue procedures
previously required in a nonattainment area to achieve the national
ambient air quality standards until a State Implementation Plan
containing different requirements has been approved by the U.S. EPA.
(6) For the purpose of applying the definition of modification, an increase
in the amount of an air pollutant shall be determined as in 40 CFR
60. 14.
Effective Date: November 12, 1997
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 DEC 24, 1980 45 FR 84999
JAN 25, 1980 45 FR 6092
JUL 12, 1982 47 FR 30059
1st Revision OCT 20, 1992 JUN 23, 1994 59 FR 32343
2nd Revision DEC 19, 1997 JUL 24, 1998 63 FR 39739
50;012 - 2

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401 I(AR 50:015. Documents incorporated by reference.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
RELATES TO: KRS 224.320, 224.330,224.340
PURSUANT TO: KRS 224.033
NECESSITY AND FUNCTION: KRS 224.033 requires the Natural Resources and
Environmental Protection Cabinet to prescribe regulations for the prevention,
abatement, and control of air pollution. This regulation provides for the
incorporation by reference of documents referred to within these regulations.
Section 1. Code of Federal Regulations.
(1) The following documents from the “Code of Federal Regulations” which are
in effect as of October 1, 1987, are incorporated herein by reference:
(a) 40 CFR 50:
1. Appendix A: Reference Method for the Determination of Sulfur
Dioxide in the Atmosphere (Pararosaniline Method).
2. Appendix B: Reference Method for the Determination of
Suspended Particulate Matter in the Atmosphere (High Volume
Method).
3. Appendix C: Measurement Principle and Calibration Procedure
for the Measurement of Carbon Monoxide in the Atmosphere
(Non-Dispersive Infrared Photometry).
4. Appendix D: Measurement Principle and Calibration Procedure
f or the Measurement of Ozone in the Atmosphere.
5. Appendix E: Reference Method for the Determination of
Hydrocarbons Corrected for Methane.
6. Appendix F: Measurement Principle and Calibration Procedure
for the Measurement of Nitrogen Dioxide in the Atmosphere
(Gas Phase Chemiluminescence)
7. Appendix C: Reference Method for the Determination of L ead
in Suspended Particulate Matter Collected from Ambient Air.
8. Appendix H: Interpretation of the National Ambient Air
quality Standards for Ozone.
9. Appendix J: Reference Method for the Determination of
Particulate Matter as PM 10 in the Atmosphere.
10. Appendix K: Interpretation of the National Ambient Air
Quality Standards for Particulate Matter.
(b) 40 CFR 58: Appendix B: Quality Assurance Requirements for
Prevention of Significant Deterioration PSD) Air Monitoring.
(c) 40 CFR 60:
1. Appendix A: Reference Methods:
a. Method 1 - Sample and Velocity Traverses f or
Stationary Sources.
b. Method 2 - Determination of Stack Gas Velocity and
Volumetric Flow Rate (Type S Pitot Tube)
- 1

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c. Method 2A - Direct Measurement of Gas volume through
Pipes and Small Ducts.
d. Method 2B - Determination of Exhaust Gas Volume Flow
Rate from Gasoline Vapor Incinerators.
e. Method 3 - Gas Analysis for Carbon Dioxide, Oxygen,
Excess Air, and dry molecular weight.
f. Method 3A determination of oxygen and carbon dioxide
concentrations in emissions from stationary sources
(instrumental analyzer procedure).
g. Method 4 - Determination of moisture content in stack
gases.
h. Method 5 - Determination of particulate emissions from
stationary sources.
i. Method 5A . determination of particulate emissions
from the asphalt processing and asphalt roofing
industry.
j. Method SB - Determination of Nonsulfuric Acid
Particulate Matter from Stationary Sources.
k. Method SD . determination of particulate matter
emissions from positive pressure fabric filters.
1. Method 5E - determination of particulate emissions
from the wool Fiberglass insulation manufacturing
industry.
m. Method 5F - Determination of Nonsulfate Particulate
Matter from Stationary Sources.
n. Method 6 - determination of sulfur dioxide emissions
from stationary sources.
o. Method 6A - Determination of sulfur dioxide, moisture.
and carbon dioxide emissions from fossil fuel
combustion sources.
p. Method 6B - determination of sulfur dioxide and carbon
dioxide daily average emissions from fossil fuel
combustion sources.
. Method 6C - determination of sulfur dioxide emissions
from stationary sources (instrumental analyzer
procedure).
r. Method 7 - Determination of nitrogen oxide emissions
from stationary sources.
s. Method 7A - Determination of nitrogen oxide emissions
from stationary sources - - ion chromatographic method.
t. Method 7B - determination of nitrogen oxide emissions
from stationary sources (ultraviolet
spectrophotometry).
u. Method 7C - determination of nitrogen oxide emissions
from stationary sources -. alkaline -
permanganate/colorimetric method.
50:015 - 2

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v. Method 7D - Determination of nitrogen oxide emission
from stationary sources - - alkaline - permanganate/il
chromatographic method.
w. Method 7E - Determination of nitrogen oxides emissions
from stationary sources (instrumental analyzer
procedure).
x. Method 8 - determination of sulfuric acid mist and
sulfur dioxide emissions from stationary sources.
y. Method 9 . visual determination of the opacity of
emissions from stationary sources.
z. Method 10 determination of carbon monoxide emissions
from stationary sources.
aa. Method 1OA - Determination of Carbon Monoxide
Emissions in Certifying Continuous Emission Monitoring
Systems at Petroleum refineries.
bb. Method 11 determination of hydrogen sulfide content
of fuel gas streams in petroleum refineries.
cc. Method 12 - determination of inorganic lead emissions
from stationary sources.
dd. Method 13A - determination of total fluoride emissions
from stationary sources SPADNS zirconium lake
method.
ee. Method 13 B - determination of total fluoride
emissions from stationary sources specific ion
electrode method.
ff. Method 14 - determination of fluoride emissions fr
potroom roof monitors of primary aluminum plants.
gg. Method 15 - determination of hydrogen sulfide,
carbonyl sulfide, and carbon disulfide emissions from
stationary sources.
hh. Method 15A determination of Total Reduced Sulfur
Emissions from Sulfur Recovery Plants in Petroleum
Refineries.
ii. Method 16 . semicontinuous determination of sulfur
emissions from stationary sources.
ii. Method l6A - determination of total reduced sulfur
emissions from stationary sources (impinger
technique).
kk. Method l6B determination of Total Reduced sulfur
emissions from Stationary sources.
11. Method 17 - determination of particulate emissions
from stationary sources (instack filtration method).
mm. Method 18 - measurement of gaseous organic compound
emissions by gas chromatography.
nfl. Method 19 determination of sulfur dioxide removal
50:015 - 3

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efficiency and particulate, sulfur dioxide and
nitrogen oxides emissions rates from electric utility
steam generators.
00. Method 20 determination of nitrogen oxides, sulfur
dioxide, and diluent emissions from stationary gas
turbines.
pp. Method 21 - determination of volatile organic
compounds leaks.
qq. Method 22 . visual determination of fugitive emissions
from material processing sources.
rr. Method 24 . determination of volatile matter content,
water content, density, volume solids, and weight
solids of surface coatings.
ss. Method 24A . determination of volatile matter content
and density of printing inks and related coatings.
tt. Method 25 . determination of total gaseous nonmethane
organic emissions as carbon.
uu. Method 25 A . determination of total gaseous organic
concentration using a flame ionization analyzer.
vv. Method 25B . determination of total gaseous organic
concentration using a nondispersive infrared analyzer.
ww. Method 27 . determination of vapor tightness of
gasoline delivery tank using pressure-vacuum test.
2. Appendix B: Performance specifications:
a. Performance specification 1 specifications and test
procedures for opacity continuous emission monitoring
systems in stationary sources.
b. Performance specification 2 - specifications and test
procedures for sulfur dioxide and nitric oxides
continuous emission monitoring systems in stationary
sources.
c. Performance specification 3 . specifications and test
procedures for oxygen and carbon dioxide continuous
emission monitoring systems in stationary sources.
d. Performance specification 4 specifications and test
procedures for carbon monoxide continuous emission
monitoring systems in stationary sources.
e. Performance specification 5 . specifications and test
procedures for TRS continuous emission monitoring
systems in stationary sources.
3. Appendix C: Determination of emission rate change.
4. Appendix F: Quality Assurance Procedure 1 Quality
Assurance Requirements for Gas Continuous Emission
Monitoring Systems Used for Compliance Determination.
(d) 40 CFR 61:
1. Appendix B: Test Methods:
50:015 . 4

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a. Method 101 - determination of particulate and gaseous
mercury emissions from chior-alkali plants (air
streams)
b. Method lOlA - determination of particulate and gaseous
mercury emissions from sewage sludge incinerators.
c. Method 102 determination of particulate and gaseous
mercury emissions from chior-alkali plants (hydrogen
streams).
d. Method 103 - beryllium screening method.
e. Method 104 - reference method for determination of
beryllium emissions from stationary sources.
f. Method 105 - method for determination of mercury in
wastewater treatment plant sewage sludges.
g. Method 106 - determination of vinyl chloride from
stationary sources.
h. Method 107 - determination of vinyl chloride content
of inprocess wastewater samples, and vinyl chloride
content of polyvinyl chloride resin, slurry, wet cake,
and latex samples.
1. Method 107 A - determination of vinyl chloride content
of solvents, resin-solvent solution, polyvinyl
chloride resin, resin slurry, wet resin, and latex
samples.
. Method 108 - determination of particulate and gaseous
arsenic emissions.
k. Method lO8A - determination of particulate and gaseous
arsenic emissions.
1. Method 111 - determination of polonium - 210 emissions
from stationary sources.
2. Appendix C: Quality assurance procedures:
a. Procedure 1 - determination of adequate
chromatographic peak resolution.
b. Procedure 2 - procedures for field auditing GC
analysis.
(2) Copies may be obtained from: Office of the Federal Register, National
Archives and Records Service, 8th and Pennsylvania Avenue, NW,
Washington, D.C. 20408; Phone (202) 523-5215.
Section 2. Association of Official Analytic Chemists. The following document
from the Association of official analytical chemists is incorporated herein by
reference.
(1) Method 9 - Spectrophotometric Molybdovanadophosphate from “Official
Method of Analysis” of the association of official analytic chemists,
11th edition.
(2) Copies may be obtained from: Association of Official Analytical
Chemists, Box 540, Benjamin Franklin Station, Washington, D.C. 20014;
50:015 - 5

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Phone (202)245-1191.
Section 3. american Society for Testing and Materials. The following
documents from the appropriate “Book of ASTM Standards” in which the standard
appears from the American Society for Testing and Materials are incorporated
herein by reference:
(1) ASTM Standards:
(a) A 99-66(71) standard specification for ferromanganese.
(b) A 100-69(74) standard specification for ferrosilicon.
Cc) A 101-73 standard specification for ferrochromium.
Cd) A 482-66(71) standard specification for ferrochrome- silicon.
(e) A 483-64(74) standard specification for silicomanganese.
(f) A 495-64(70) standard specification for calcium-silicon arid
calcium-manganese- silicon.
(g) D 86-82 standard method for distillation of petroleum products.
(h) D 240-76 standard test method for heat of combustion of liquid
hydrocarbon fuels by bomb calorimeter.
Ci) D 322-67(77) Standard test method for gasoline diluent in used
gasoline engine oils by distillation.
(j) D 323-82 Standard Specifications for Fuel Oils.
(k) D 388-82 standard specification for classification by coals by
rank.
(1) D 396-84 Standard Specifications for Fuel Oils.
Cm) D 737-75 standard test method for air permeability of textile
fabrics -
(n) D 1072-80 standard method for total sulfur in fuel gases.
(0) D 1137-53(75) standard method for analysis of natural gases and
related types of gaseous mixtures by the mass spectrometer.
(p) D 1475-60(80) standard test method for density of paint, varnish.
lacquer, and related products.
(q) D 1644-75 standard test methods for nonvolatile content of
varnishes.
(r) D 1826-64(75) standard test method for calorific value of gases in
natural gas range by Continuous recording calorimeter.
Cs) D 1945-64 (73) standard method for analysis of natural gas by gas
chromatography.
(t) D 1946-67(72) standard method for analysis of reformed gas by gas
chromatography.
Cu) D 2015-66 (72) standard test method for gross calorific value of
solid fuel by the adiabatic bomb calorimeter.
50:015 - 6

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(v) D 2265-83 Standard test method for aromatics in light naphthas and
aviation gasolines by gas chromatography.
(w) D 2369-73 standard test method for volatile content of paints.
(x) D 2382-83 standard test method for eat of combustion of
hydrocarbon fuels by bomb calorimeter (high-precision method).
(y) D 2504-83 standard test method for noncondensable gases in C 3 and
lighter hydrocarbon products by gas chromatography.
(z) D 2584j-68(79) standard test method for ignition loss of cured
reinforced resins.
(aa) D 2880-78 standard specification for gas turbine fuel oils.
(bb) D 2879-83 standard test method for vapor pressure- temperature
relationship and initial decomposition temperatures of liquids by
isoten iscope.
(cc) D 3031-81 standard test method for total sulfur in natural gas by
hydrogenation.
(dd) D 3176-74 standard method for ultimate analysis of coal and coke.
(ee) D 3178-73 standard test methods for carbon and hydrogen in the
analysis sample of coal and coke.
(ff) D 3246-81 standard method for sulfur in petroleum gas by oxidative
microcoulome try.
(gg) D 3421-80 Test Method for Trace Nitrogen in Liquid Petroleum
Hydrocarbons.
(hh) D 4084-82 Standard method for analysis of hydrogen sulfide in
gaseous fuels (lead acetate reaction rate method).
(ii) E 123-78 Standard specification for apparatus for determination of
water by distillation.
(jj) E 168-67(77) standard recommended practices for general techniques
of infrared quantitative analysis. -
(kk) E 169-63(81) standard recommended practices for general techniques
of ultraviolet quantitative analysis.
(11) E 260-73 Standard recommended practice for general gas
chromatography procedures.
(2) Copies may be obtained from: American Society for Testing Materials,
1916 Race Street, Philadelphia, Pennsylvania 19103; Phone (215)
299-5400.
Section 4. Technical Association of the Pulp and Paper Industry. The
following document from the Technical Association-of the Pulp and Paper
Industry (TAPPI) is incorporated herein by reference:
(1) T624 os-68- -Analysis of Soda and Sulfate - White and Green Liquors.
This reference is also numbered ANSI P3.6-1970 (American National
Standards Institute)
(2) Copies may be obtained from: TAPPI, 1 Duriwoody Park, Atlanta, GA 30341.
50:015 - 7

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Section 5. Environmental Protection Agency. The following documents from the
U.S. Environmental Protection Agency are incorporated herein by reference:
(1) (a) Guideline on Air Quality Models (Revised), EPA-450/2- 78-027R,
OAQPS No. l.2-080R, July, 1986, and Supplement A to the Guideline
on Air Quality Models (Revised), July 1987.
(b) Workbook for Comparison of Air Quality Models, EPA- 450/2-78-028a,
OAQPS No. 1.2-097, May, 1978.
(c) Control of volatile organic compound leaks from petroleum refinery
equipment, Appendix B, EPA-450/2-78-036, OAQPS No. 1.2-111, June,
1978.
(d) Control of Volatile Organic Compound Leaks from Gasoline Tank
Trucks and Vapor Collection Systems, EPA-450/2-78-051, OAQPS No.
1.2-119, December, 1978.
(e) Control of Hydrocarbons from Tank Truck Gasoline Loading
terminals, EPA-450/2-77-026 , OAQPS No. 1.2-082, October, 1977.
(f) Guidelines for use of fluid modeling to determine good engineering
practice stack height, EPA 450/4-81-003, PB 82- 145327, July,
1981.
(g) Guidelines for fluid modeling of atmospheric diffusion,
EPA-600/8-81-009, PB 81 2014l0,. April, 1981.
(2) Copies may be obtained from: U.S. Environmental Protection Agency,
Office of Air Quality Planning and Standards, Research Triangle Park,
North Carolina 27711 and the U.S. Department of Commerce, National
Technical Information Service, Springfield, Virginia 22161.
Section 6. American Association of State Highway and Transportation Officials.
The following document from the American Association of State Highway and
Transportation Officials (AASHTO) is incorporated herein by reference:
(1) AASHTO T 59-78 standard method of test for testing emulsified asphalt.
(2) Copies may be obtained from: American Association of State Highway and
Transportation Officials, 444 N. Capital Avenue, Washington, D.C. 20001.
Section 7. Federal Test Method Standard. The following document from the
Federal Test Standard is incorporated herein by reference:
Cl) Federal Test Method Standard No. l4la, Method 4082.1, “Water in Paints
and Varnishes (Karl Fischer Titration Method) .“
(2) Single copies may be obtained from:
(a) General Services Administration Regional Offices; or
(b) Superintendent of Documents, U.S. Government Printing Office,
Washington, D.C. 20402.
Section 8. Kentucky Division of Air Pollution. The following documents from
the Kentucky Division of Air Pollution are incorporated herein by reference:
(1) (a) Kentucky Method 50: Kentucky division of Air Pollution Control
Reference Method 50, “Determination of Total Particulate Emissions
50:015 - 8

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from Stationary Sources.”
(b) Kentucky Method 90: Kentucky Division of Air Pollution Control
Reference Method 90, “Determination of total gaseous organic
emissions from stationary sources.”
(c) Kentucky Method 91: Kentucky division of air pollution control
reference method 9l, Alternate test method for the determination
of total gaseous organic emissions from stationary sources.”
(d) Kentucky Method 95: Kentucky Division of Air Pollution Control
Reference Method 95,”Determination of Gasoline Vapor Emissions
from Bulk Terminals.”
(e) Kentucky Method 130: Kentucky Division of Air Pollution Control
Reference Method 130, “Determination of Gaseous Fluoride Emissions
from Stationary Sources.”
(f) Kentucky Method 150(F-l) : Kentucky Division of Air Pollution
Control Reference Method 150(F-l),”Visual Determination of
Intermittent Opacity Emissions from Stationary sources.”
(2) Copies may be obtained from: Division of Air Pollution, Technical
Services Branch, Department for Environmental Protection, Fort Boone
Plaza, 18 Reilly Road, Frankfort, Kentucky 40601.
Section 9. American National Standards Institute. The following document from
the American National Standards Institutes is incorporated herein by
reference:
(1) Voluntary Product Standard PS 59-73 . Prefinished Hardboard Paneling.
The reference is also numbered ANSI A135.5-1973 (American National
Standards Institute)
(2) Copies may be obtained from: American National Standards Institute, 1430
Broadway, New York. New York 10018.
Section 10. American Public Health Association. The following document from
the American Public Health Association, American Water Works Association and
Water Pollution Control Federation is incorporated herein by reference:
(1) Standard Methods for the Examination of Water and Wastewater, 15th
Edition, 1980:
(a) Method 209A. Total Residue Dried at l03-105C.
(b) Method 209C. Total Filterable Residue Dried at 103-105C.
(2) Copies may be obtained from: American Public Health Association, 1015
Fifteenth Street, N.W., Washington, D.C. 20005.
Section 11. American Petroleum Institute. The following document from the
American Petroleum Institute in incorporated herein by reference:
(1) API Publication 2517, Evaporation Loss from External Floating Roof
Tanks, Second Edition. February 1980.
(2) Copies may be purchased from: American Petroleum Institute, 1220 L
Street N. W., Washington, D.C. 2005.
50:015 - 9

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Section 12. Availability. Copies of the material incorporated by reference
in this regulation shall be available for public review at the following
offices of the Division of Air Pollution Control:
(1) Director’s Office, Division of Air Pollution Control, Fort Boone Plaza,
18 Reilly Road, Frankfort, Kentucky 4060, (502) 564- 3382;
(2) Ashland Regional Office, 3700 Thirteenth Street, Ashland, Kentucky
41101, (606) 325-8569;
(3) Bowling Green Regional Office, 1508 Western Avenue, Bowling Green,
Kentucky 42101, (502) 842-8131;
(4) Florence Regional Office, 7964 Kentucky Drive, Suite 8, Florence,
Kentucky 41042, (606) 292-6411;
(5) Hazard Regional Office, 233 Birch St., Hazard, Kentucky 41701, (606)
439-2391;
(6) Owensboro Regional Office, 31 West Second Street, Owensboro, Kentucky
423-1, (502) 686-3304; and
(7) Paducah Regional Office, 1390 Irvin Cobb Drive, Paducah, Kentucky 42001,
(502) 444-8295.
Effective Date: October 26, 1988
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 DEC 24, 1980 45 FR 84999
JAN 25, 1980 45 FR 6092
JUL 12, 1982 47 FR 30059
1st Revision SEP 19, 1986 MAY 04, 1989 54 FR 19169
2nd Revision MAR 23, 1987 APR 08, 1988 53 FR 11655
3rd Revision FEB 09, 1989 NOV 09, 1989 54 FR 47077
4th Revision JUL 07, 1988 FEB 07, 1990 55 FR 4169
50:015 - 10

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401 KAR 50:020. Air quality control regions.
DEPARTMENT FOR NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION
Bureau of Environmental Protection
Division of Air Pollution
RELATES TO: KRS Chapter 224
PURSUANT TO: KRS 13.082, 224.033
NECESSITY AND FUNCTION: KRS 224.033 requires the Department for Natural
Resources and Environmental Protection to prescribe regulations for the
prevention, abatement, and control of air pollution. This regulation provides
for the designation and classification of air quality control regions.
Section 1. Designation of Air Quality Control Regions. Air quality control
regions designated by the Administrator of the U.S. 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 boundaries of the area so
delimited.
(1) Appalachian Intrastate Air Quality Control Region. In the Commonwealth
of Kentucky the following counties: Bell, Breathitt, Clay, 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, Powell, 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: Boone, Campbell,
Carroll, Gallatin, Grant, Kenton, Owen, Pendelton.
(7) North Central Kentucky Intrastate Air Quality Control Region. In the
Commonwealth of Kentucky the following counties: Breckinridge, Bullitt,
Grayson, Hardin, Henry, Larue, Marion, Meade, Nelson, Oldham, Shelby.
Spencer, Trimble, Washington.
(8) Paducah (Kentucky) - Cairo (Illinois) Interstate Air Quality Control
Region. In the Commonwealth of Kentucky the following counties:
Ballard, Caidwell, Calloway, 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,
50 :020 - 1

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McCreary, Metcalfe, Monroe, Pulaski, Russell, Simpson, Taylor, Warren,
Wayne.
Section 2. Classification of Air Quality Control Regions. The priority
classifications of air quality control regions shall be as in Appendix A to
this regulation. This priority system was established by the regulations of
the U.S. Environmental Protection Agency.
Effective Date: June 6, 1979.
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 29. 1979 DEC 24, 1980 45 FR 84999
JAN 25, 1980 45 FR 6092
JUL 12, 1982 47 FR 30059
50:020 - 2

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APPENDIX A
TO
401 KAR 50:020
Priority Classification to Air Quality Control Regions with Respect to
Particulates, Sulfur Oxides*, Carbon Monoxide 1 Nitrogen Dioxide and
Photochemical Oxidants (and Hydrocarbons)
Pho tocherni cal
Particulate
Region(No.) Matter
(Hydrocarbons)
Sulfur
Oxides*
Carbon
Monoxide
Nitrogen
Dioxide
Oxidarits
Louisville
(078)
I
I
III
III
I
Cincinnati
(079)
I
II
III
III
I
Paducah - Cairo
1072)
I
II
III
III
III
Huntington -
Ash land(103)
I
III
III
III
III
Evansville-
Henderson(077)
I
II
III
III
III
Bluegrass (102)
II
III
III
III
III
Appalachian(101)
II
III
III
III
III
North Central
(104)
II
III
III
III
III
South Central
(105)
III
III
III
III
III
* Refer to 401 KAR 50:025 for the county classification system.
THIS IS THE FEDERALLY APPROVED REGULATION AS OF
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Req JUN 29, 1979 DEC 24, 1980 45 FR 84999
50:020 -

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401 KAR 50:025. Classification of counties.
DEPARTMENT FOR NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION
Bureau of Environmental Protection
Division of Air Pollution
RELATES TO: KRS Chapter 224
PURSUANT TO: KRS 13.82, 224.033
NECESSITY AND FUNCTION: KRS 224.033 reguires the Department for Natural
Resources and Environmental Protection to prescribe regulations for the
prevention, abatement, and control of air pollution. This regulation provides
for the classification of counties with respect to various pollutants.
Section 1. Counties in the Commonwealth of Kentucky shall be classified with
respect to sulfur dioxide as follows:
(1) Class I: Jefferson County;
(2) Class IA: McCracken County;
(3) Class II: Bell County, Clark County, Woodford County;
(3) Class III: Pulaski County;
(4) Class IV: Webster County, Hancock County;
(5) Class IVA: Muhlenberg County:
(6) Class V: All other counties not specifically listed within this section:
(7) Class VA: Boyd County.
Effective Date: June 01, 1983
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 JAN 25, 1980 45 FR 6092
1st Revision JUN 15, 1983 APR 02, 1996 61 FR 14489
50:025 - 1

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401 KAR 50:030. Registration of sources.
DEPARTMENT FOR NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION
Bureau of Environmental Protection
Division of Air Pollution
RELATES TO: KRS Chapter 224
PURSUANT TO: KRS 13.082, 224.033
NECESSITY AND FUNCTION: KRS 224.033 requires the Department for Natural
Resources and Environmental Protection to prescribe regulations for the
prevention, abatement, and control of air pollution. This regulation provides
for the registration of sources.
Section 1. Persons engaged in the operation of sources shall, upon request by
the department, register such sources or discharges which may result from
their operation in accordance with the provisions of this regulation.
Section 2. The department may require from such person reports containing
information relating to said sources and air contaminants emitted by each into
the atmosphere.
Section 3. Registration and reporting of air contaminant sources and their
related discharges shall be upon forms provided by the department.
Effective date: June 6, 1979
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Req JUN 29, 1979 DEC 24, 1980 45 FR 84999
JAN 25, 1980 45 FR 6092
JUL 12, 1982 47 FR 30059
5O ’ ’O - 2

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401 KAR 50:035. Permits.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
RELATES TO: 401 KAR Chapters 50 through 65; KRS 224.10-100, 224.20-100,
224.20-110, 224.20-120; 40 CFR Parts 51, 52, 60, 70, 72, 73, 75, 76, 77, and
78; 42 USC 7401-7671q, July 21, 1992 Federal Register (57 FR 32250)
STATUTORY AUTHORITY: KRS 224.10-100, 224.20-110, 224.20-120
NECESSITY AND FUNCTION: KRS 224.10-100 requires the Natural Resources and
Environmental Protection Cabinet to prescribe administrative regulations for
the prevention, abatement, and control of air pollution. This administrative
regulation combines construction and operating permits into one permit and
provides for the issuance of permits in the Commonwealth of Kentucky.
Section 1. Definitions. Except as provided in this section, terms used in
this administrative regulation shall have the meaning given to them in 401 KAR
50:010, unless the context clearly indicates otherwise.
(1) “Acid Rain program” means the national sulfur dioxide and nitrogen
oxides air pollution control and emissions reduction program established
pursuant to 4@ USC 7651 through 76510 and 40 CFR Parts 72, 73, 75, 76,
77, and 78. 40 CFR Parts 72, 73, 75, 76, 77, and 78 are incorporated by
reference in Section 11 of this administrative regulation.
(2) “Act” means the Clean Air Act promulgated at 42 USC 7401 through 767lq,
as amended by P.L. 101-549 (November 15, 1990).
(3) “Administrative permit amendment” means a revision to a permit that:
(a) Corrects typographical errors;
(b) Identifies a change in the name, address, or phone number of a
person identified in the permit, or provides a similar minor
administrative change at the source;
Cc) Requires more frequent monitoring or reporting by the permittee;
(d) Allows for a change in ownership or operational control of a
source if the cabinet determines that no other change in the
permit is necessary and if a written agreement containing a
specific date for transfer of permit responsibility, coverage, and
liability between the current and new permittee has been submitted
to the cabinet;
(e) Incorporates into the permit the requirements from preconstruction
review permits, if the preconstruction review meets procedural
requirements substantially equivalent to those prescribed in this
administrative regulation that would be applicable to the change
if it were subject to review as a permit revision, and compliance
requirements substantially equivalent to those contained in
Section 4(3) of this administrative regulation.
(4) “Affected source” means a source that includes one (1) or more affected
uni ts.
(5) “Affected states” means those states:
(a) That border Kentucky and whose air quality may be affected by the
proposed issuance, revision, or renewal of a permit subject to the
federally enforceable requirements of this administrative
regulation, or
50:035 - 1

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(b) That are within fifty (50) miles of the proposed permitted sourc
(6) “Affected unit” means a unit that is subject to the Acid Rain program.
(7) “Applicable requirement” means a federally enforceable requirement or a
state-origin requirement or standard.
(8) “Classification date” means the date on which the U.S. EPA publishes a
final rule granting full or interim approval to Kentucky’s Permit
Program submitted pursuant to 42 USC 7661 through 766lf (Title V of the
Act)
(9) “Complete application” means an application for a permit or permit
revision that meets the requirements of Section 3 (1) (b) of this
administrative regulation.
(10) “Conditional major source” means a source that accepts a limit made
federally enforceable as a permit condition which prevents it from being
classified as a major source as defined in this administrative
regulation, if the limit is not a federally enforceable requirement.
(11) “Designated representative” means a responsible person authorized by the
owners or operators of an affected source and of all affected units at
the source, as evidenced by a certificate of representation submitted to
the U.S. EPA pursuant to 40 CFR 72.20(b), to represent and legally bind
each owner and operator, as a matter of federal law, in all matters
pertaining to the Acid Rain program. For matters related to the acid
rain portion of a permit, the term “responsible official,” as used in
this administrative regulation or in administrative regulations
implementing the Acid Rain program, means the “designated
representative.”
(12) “Draft permit” means the version of a permit which the cabinet offers
for the applicable public participation and affected state review as
prescribed in Sections 7 and 8 of this administrative regulation.
(13) “Emergency” means a situation arising from a sudden and reasonably
unforeseeable event beyond the control of the source, which requires
immediate corrective action to restore normal operation, and that causes
the source to exceed a technology-based emission limitation in the
permit due to unavoidable increases in emissions attributable to the
emergency. An emergency shall not include noncompliance caused by
improperly designed equipment, lack of preventative maintenance,
careless or improper operation, or operator error.
(14) “Emissions fee” means the fee assessed to an air pollution source
pursuant to 401 KAR 50:038, made effective November 29, 1993.
(15) “Emissions unit” means a part or activity of a stationary source that
emits or has the potential to emit a regulated air pollutant. This term
does not alter or affect the definition of the term “unit” as used in
the Acid Rain program.
(16) “Existing source” means a source which has submitted a permit
application that the cabinet has deemed complete prior to November 29,
1993, or a source that is authorized by the cabinet to operate on or
before the effective date of this administrative regulation.
(17) “Federally enforceable permit” means a permit that contains a federally
enforceable permit condition or provision and is required by the U.S.
EPA to be federally enforceable.
(18) “Federally enforceable requirement” means all of the following as they
50:035 - 2

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apply to emissions units at a source which is subject to 40 CFR Part 70,
including requirements that have been promulgated or approved by the
U.S. EPA at the time of permit issuance but which have future-effective
compliance dates:
(a) Standards or requirements in the State Implementation Plan (SIP)
that implement the relevant requirements of the Act, including
revisions to that plan promulgated at 40 CFR Part 52;
(b) Terms or conditions of preconstruction permits issued pursuant to
administrative regulations approved or promulgated pursuant to 42
Usc 7401 thorough 7515 (Title I of the Act).
(c) A standard or other requirement promulgated pursuant to 42 USC 741
1 (Section II 1 of the Act) or 42 USC 7429 (Section 129 of the
Act) governing solid waste incineration.
(d) A standard or other requirement promulgated pursuant to 42 USC
7412 (Section 112 of the Act)
(e) Standards or requirements of the Acid Rain program.
(f) Requirements established pursuant to 42 USC 7661c(b) (Section
504(b) of the Act) and 42 USC 7414 (a) (3) (Section 114(a) (3) of the
Act) for monitoring and compliance certification.
(g) A national ambient air quality standard or increment or visibility
requirement pursuant to 42 USC 7470 (Part C of Title I of the Act)
for temporary sources permitted pursuant to 42 USC 7661c(e)
(Section 504 le) of the Act)
(h) A standard or other requirement for consumer and commercial
products adopted pursuant to 42 USC 7511b(e) (Section 183(e) of
the Act).
(i) A standard or other requirement for tank vessels adopted pursuant
to 42 USC 751 lb(f) (Section 183(f) of the Act).
(j) A standard or other requirement to protect stratospheric ozone
adopted pursuant to 42 USC 7671 through 767lq (Title VI of the
Act), unless the U.S. EPA determines that those requirements need
not be contained in the permit.
(19) “Final permit” means:
(a) For a federally enforceable permit, the version of a permit issued
by the cabinet that has completed all the review procedures
required in Sections 7 through 9 of this administrative regulation
and for which a final determination has been made.
(b) For a state-origin permit, the version of a permit which meets the
applicable provisions of this administrative regulation and for
which a final determination has been made.
(20) “Fugitive emissions” means those emissions which could not reasonably
pass through a stack, chimney, vent, or other functionally equivalent
opening.
(21) “General permit” means a permit that meets the requirements of Section
4(4) of this administrative regulation.
(22) “Major source” means a stationary source, or a group of stationary
sources, that are located on one (1) property or two (2) or more
contiguous or adjacent properties under common control of the same
person, or persons under common control, and that belong to a single
major industrial grouping, (i.e., all have the same two-digit code as
50:035 - 3

-------
described in the 1987 Standard Industrial Classification Manual, whict
is incorporated by reference in 401 KAR 51:017, Section 21), which emi
a regulated air pollutant and which is described in paragraphs (a), ft
or Cc) of this subsection.
(a) On or after the classification date, a stationary or group of
stationary sources located within a contiguous area and under
common control that emits or has the potential to emit, in the
aggregate, ten (10) tons per year or more of a hazardous air
pollutant listed in 401 KAR 57:061, made effective November 29,
1993, or twenty-five (25) tons per year or more of a combination
of hazardous air pollutants listed in 401 KAR 57:061, or a lesser
quantity established by the U.S. EPA and promulgated in an
administrative regulation in 401 KAR Chapter 57. Emissions from
an oil or gas exploration or production well, with its associated
equipment, and emissions from a pipeline compressor or pump
station shall not be aggregated with emissions from other similar
units, whether or not the units are in a contiguous area or under
common control, to determine whether the units or stations are
major sources.
(b) A stationary source of air pollutants that directly emits or has
the potential to emit, 100 tons per year or more of an air
pollutant. The fugitive emissions of a stationary source shall be
considered in determining if it is a major source only if it
belongs to one of the following categories:
1. Coal cleaning plants (with thermal dryers);
2. Kraft pulp mills;
3. Portland cement plants;
4. Primary zinc smelters;
5. Iron arid steel mills;
6. Primary aluminum ore reduction plants;
7. Primary copper smelters;
8. Municipal incinerators capable of charging more than 250
tons of refuse per day;
9. Hydrofluoric, sulfuric, or nitric acid plants;
10. Petroleum refineries;
11. Lime plants;
12. Phosphate rock processing plants;
13. Coke oven batteries;
14. Sulfur recovery plants;
15. Carbon black plants (furnace process);
16. Primary lead smelters;
17. Fuel conversion plant;
18. Sintering plants;
19. Secondary metal production plants;
20. Chemical process plants;
21. Fossil-fuel boilers (or a combination thereof) totaling more
than 250 million BPU per hour heat input;
22. Petroleum storage and transfer units with a total storage
capacity of more than 300,000 barrels;
23. Taconite ore processing plants;
24. Glass fiber processing plants;
25. Charcoal production plants;
26. Fossil-fuel-fired steam electric plants of more than 250
million BTU per hour of heat input; or
27. All other stationary source categories subject to an
administrative regulation in 401 KAR Chapters 59 and 61
which are promulgated pursuant to 42 USC 7411 (Section 111
of the Act) or a national emission standard for hazardous
air pollutants (NESHAP) in 401 KAR Chapter 57, promulgated
pursuant to 42 USC 7412 (Section 112 of the Act) -
50:035 - 4

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(c) A major stationary source defined to be a major source in 42 USC
7501 through 7515 (Part D of the Act) including:
1. For ozone nonattainment areas, sources with the potential to
emit 100 tons per year or more of volatile organic compounds
or nitrogen oxides in areas classified as “marginal” or
“moderate,” fifty (50) tons per year or more in areas
classified as “serious,” twenty-five (25) tons per year or
more in areas classified as “severe,’ and ten (10) tons per
year or more in areas classified as “extreme;’
2. For carbon monoxide nonattainment areas that are classified
as “serious,” and in which stationary sources contribute
significantly to carbon monoxide levels, sources with the
potential to emit fifty (50) tons per year or more of carbon
monoxide; and
3. For particulate matter (PMIO) nonattainment areas classified
as “serious,” sources with the potential to emit seventy
(70) tons per year or more of PMIO.
(23) “Minor source” means a stationary source that is required- to obtain a
permit pursuant to this administrative regulation and that is not a
major source.
(24) “Permit revision” means a minor permit revision, a significant permit
revision, or an administrative permit amendment.
(25) “Phase 11” means the Acid Rain program period beginning January 1, 2000,
and continuing thereafter.
(26) “Potential to emit” means the maximum capacity of a stationary source to
emit an air pollutant given its physical and operational design. A
physical or operational limitation on the capacity of a source to emit
an air pollutant, including air pollution control equipment and
restrictions on hours of operation or on the type or amount of material
combusted, stored, or processed, shall be treated as part of its design
if the limitation is federally enforceable. This term does not alter or
affect the use of this term for other purposes in the Act, or the term
“capacity factor” as used in the Acid Rain program.
(27) “Proposed permit” means the version of a permit that the cabinet
proposes to issue and submit to the U.S. EPA for review pursuant to
Section 9 of this administrative regulation.
(28) “Regulated air pollutant” means the following:
(a) For sources subject to 40 CFR Part 70:
1. Nitrogen oxides;
2. Volatile organic compounds;
3. A pollutant for which a national ambient air quality
standard has been promulgated pursuant to 42 USC 7409
(Section 109 of the Act);
4. A pollutant that is subject to a standard promulgated
pursuant to 42 USC 7411 and 7412 (Sections 111 and 112 of
the Act);
5. A Class I or Class 11 substance subject to a standard
promulgated or established pursuant to 42 USC 7671 through
7671q (Title VI of the Act); and
(b) For state origin requirements:
50:035 - 5

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1. A pollutant for which a state ambient air quality standard
has been promulgated in 401 KAR 53:010; and
2. A pollutant listed in,401 KAR 63:021, made effective
November 11, 1986, or 401 KAR 63:022, made effective
November 11, 1986.
(29) “Renewal” means the process by which a permit is reissued at the end of
its term pursuant to Section 5(7) of this administrative regulation.
(30) “Responsible official” means one of the following:
(a) For a corporation: a president, secretary, treasurer, or vice-
president of the corporation in charge of a principal business
function, or other person who performs similar policy or decision-
making functions for the corporation, or a duly authorized
representative of that person if the representative is responsible
for the overall operation of one (1) or more manufacturing,
production, or operating facilities applying for or subject to a
permit and either:
1. The facilities employ more than 250 persons or have gross
annual sales or expenditures exceeding $25 million (in
second quarter 1980 dollars); or
2. The delegation of authority to the representative is
approved in advance by the cabinet;
(b) For a partnership or sole proprietorship, a general partner or the
proprietor, respectively;
(c) For a municipality, state, federal, or other public agency, a
principal executive officer or ranking elected official. For thi
administrative regulation, the principal executive officer of a
federal agency includes the chief executive officer having
responsibility for the overall operations of a principal
geographic unit of the agency (e.g., a Regional Administrator of
the U.S. EPA); or
(d) For the acid rain portion of a permit for an affected source, the
designated representative.
(31) “Section 502 (b) (10) changes” means changes that contravene an express
permit term. These changes do not include changes that would violate
applicable requirements or contravene federally enforceable permit terms
and conditions that are monitoring (including test methods),
recordkeeping, reporting, or compliance certification requirements.
(32) “Significant permit revision” means a permit revision required to be
processed pursuant to Section 6(2) Cc) of this administrative regulation.
(33) “State Implementation Plan (SIP)” means the most recently prepared plan
or revision required by 42 USC 7410 (Section 110 of the Act) which has
been submitted by the cabinet and approved by the U.S. EPA.
(34) “State-origin permit” means a permit that contains only state-origin
requirements, or that contains federally enforceable requirements but is
not required by the U.S. EPA to be a federally enforceable permit.
(35) “State-origin requirement” means an applicable requirement that is not
mandated by 42 USC 7401 through 7671q (the Act) or any of the Act’s
applicable requirements, and that is not federally enforceable.
(36) “Stationary source” means a building, structure, affected facility, or
50:035 - 6

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installation that permits or may emit a regulated air pollutant.
(37) “Synthetic minor source” means a source that accepts a limit made
federally enforceable as a permit condition which prevents it from being
classified as a major source as defined in either 401 KAR 51:017 or 401
KAR 51:052, if the limit is not a federally enforceable requirement.
(38) “Timely application” means an application that meets the requirements of
Section 3 (1) (a) of this administrative regulation.
Section 2. Applicability. This administrative regulation shall apply to
owners and operators of all air pollution sources, except as follows:
(1) A source shall be exempt from this administrative regulation if:
(a) The source is a minor source pursuant to 40 CFR Part 70 and is not
subject to an applicable requirement; or
(b) The source is a minor source that;
1. Emits or has the potential to emit less than twenty-five
(25) tons per year of a regulated air pollu ant , except as
provided in subparagraphs 2. and 3. of this paragraph, or a
lesser amount if specified in an applicable requirement; and
2. Has potential emissions of less than two (2) tons per year
of a single hazardous air pollutant and less than five (5)
tons per year of any combination of hazardous air pollutants
listed in 401 KAR 57:061 or a lesser amount specified in an
applicable requirement; and
3. Is not subject to a requirement in 40 CFR Parts 60, 61, or-
63; 401 KAR-63 :02l; or 401 KAR 63:022; and
4. Is not required by the U.S. EPA to obtain a permit.
(2) The following activities and affected facilities shall be exempt from
the requirement to obtain a permit pursuant to this administrative
regulation. These exemptions shall not relieve a source from the
requirements of any other applicable requirements. The cabinet may
require the owner or operator to demonstrate compliance with all
applicable requirements -
(a) An asbestos demolition or renovation operation subject only to the
provisions of 40 CFR Part 61, Subpart M or 401 KAR 63:042, made
effective November 6, 1987;
(b) An activity subject only to the provisions of 40 CFR Part 60,
Subpart AAA;
(C) An activity that emits Only nonprocess fugitive emissions that are
not part of a source that is otherwise subject to an applicable
requirement;
Cd) Open burning pursuant to 401 KAR 63:005, made effective March 1,
1984;
(e) Vehicles used for the transport of passengers or freight; and
(f) Publicly owned roads.
(3) Insignificant activities shall be exempt from permitting requirements
pursuant to the following criteria:
(a) The activity shall be included in the permit application with a
request that the activity be exempt from permitting;
50:035 - 7

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(b) The activity shall not be subject to an applicable requirement;
(c) The potential or actual emissions from the activity shall not
cause the source to be subject to an applicable requirement to
which the source would not otherwise be subject;
Cd) The activity shall have a potential to emit of less than five (5)
tpy of any regulated air pollutant, not including a hazardous air
pollutant listed pursuant to 42 Usc 7412(b) (Section 112(b) of the
Act) or a toxic pollutant listed in 401 KAR 63:021 or 401 KAR
63:022.
Ce) The potential to emit of all activities exempted pursuant to this
subsection shall be less than two (2) tpy of any hazardous air
pollutant listed pursuant to 42 USC 7412(b) (Section 112(b) of the
Act) and less than five (5) tpy of any combination of hazardous
air pollutants, or a lesser amount if specified by the U.S. EPA;
(f) The potential to emit of all activities exempted pursuant to this
subsection shall be less than the significance level of any toxic
air pollutant listed in 401 KAR 63:021 or 401 KAR 63:022.
(g) The activity shall not be the incineration of medical waste.
(4) The cabinet shall maintain an updated list of those activities submitted
and approved pursuant to subsection (3) of this section and shall
provide this list to any person upon request.
(5) The following de minimis changes shall be exempted from the requirement
to obtain a permit or permit revision.
(a) Affected facilities which are part of a construction project where
the total increase in the potential to emit from all affected
facilities in the construction project is less than or equal to
two (2) tons per year of a pollutant for which an ambient air
quality standard has been promulgated in 401 KAR 53:010, if the
increase does not subject the source to an applicable requirement.
1. The owner or operator shall notify the cabinet in writing of
the increases and construction projects thirty (30) days
prior to commencing construction.
2. This exemption shall not apply to affected facilities which
are subject to a regulation promulgated pursuant to 40 CFR
Parts 60, 61, or 63; 401 KAR 63:021 or 401 KAR 63:022; to
sources of pollutants located in areas designated as
nonattainment for the pollutants in 401 KAR 5l 0l0; or to
incinerators.
(b) After the issuance of a draft permit, the exemption in paragraph
(a) of this subsection shall not apply to sources that are
required to obtain a federally enforceable permit pursuant to 40
CFR Part 70.
Section 3. Permit Applications.
(1) Duty to apply. Owners and operators of sources subject to this
administrative regulation shall submit a timely and complete permit
application pursuant to this section using Form DEP 7007, which is
incorporated by reference in 401 KAR 50:034. The cabinet may provide
methods for electronic transmission of the completed application.
(a) Timely applications.
1. Existing major sources.
a. Sources proposing to accept permit limitations to
become synthetic minor or conditional major sources
S

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shall file a complete application to obtain a permit.
The cabinet shall process these applications as
federally enforceable permits pursuant to Section 5 of
this administrative regulation.
b. All other existing major sources shall file a complete
application for a permit within twelve (12) months
after the classification date or within twelve (12)
months after the source is required to obtain a
federally enforceable permit pursuant to 40 CFR Part
70, whichever date is earlier. The cabinet shall
process these applications as federally enforceable
permits pursuant to Section 5(1) (b) of this
administrative regulation.
2. Existing minor sources required to obtain a federally
enforceable permit pursuant to 40 CFR Part 70. An existing
minor source shall file a complete application for a permit
within twelve (12) months after the date of publication by
the U.S. EPA of a final rule which requires the minor source
to obtain a permit or within five (5) years after the
classification date, whichever date is earlier. These
applications shall be processed as federally enforceable
permits pursuant to Section 5(1) (b) and Section 5(2) (b) of
this administrative regulation.
3. Existing minor sources required to have a state origin
permit. An existing source that is required to have a
state-origin permit shall file a complete application for a
permit within twelve (12) months after becoming subject to
an applicable requirement promulgated after the effective
date of this administrative regulation, or by November 15,
2000, whichever date is earlier. The cabinet shall process
these applications as state origin permits pursuant to
Section 5(1) (C) of this administrative regulation.
4. An existing source that constructs, reconstructs an affected
facility, alters, or modifies prior to the date the source
receives a permit for the entire source, if a timely and
complete application is filed, shall file an application
using Form DEP 7007 to obtain a permit for the proposed
change prior to commencing construction or modification.
The applications for these sources shall be processed by the
cabinet pursuant to Section 5(2) of this administrative
regulation.
5. A source constructing, reconstructing, altering or modifying
after November 29, 1993, shall file a complete application
to obtain a permit or permit revision prior to commencing
construction, reconstruction, alteration, or modification,
except as provided in subparagraph 4. of this paragraph and
Section 6 of this administrative regulation. The cabinet
shall process these applications pursuant to Section 5(3) of
this administrative regulation.
6. A source that is required to open an existing permit
pursuant to the requirements of Section 6(3) of this
administrative regulation shall file a complete application
to obtain a permit revision within six (6) months after
notification by the cabinet that the permit shall be
reopened.
7. For permit renewal, an application shall be submitted at
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least six (6) months prior to the date of permit expiratioi
and in accordance with Section 5(7) of this administrative
regulation.
8. Applications for initial Phase II Acid Rain permits shall be
submitted to the cabinet by January 1, 1996, for sulfur
dioxide, and by January 1, 1998, for nitrogen oxides.
(b) Complete application.
1. To be deemed complete, an application shall provide all
information required pursuant to subsection (3) of this
section, except that applications f or a permit revision
shall supply the information only if it is related to the
proposed change. This information shall be sufficient to
evaluate the source and its application and to determine all
applicable requirements. A responsible official shall
certify the submitted information pursuant to subsection (4)
of this section.
2. The cabinet shall promptly provide notice to the applicant
if the application is complete. Unless the cabinet mails a
request for additional information or a notice of
incompleteness to the applicant within sixty (60) days of
receipt of an application, the application shall be deemed
complete.
3. If, while processing an application that has been determined
or deemed to be complete, the cabinet determines that
additional information is necessary, it may require the
information in writing and set a reasonable deadline for
response.
4. For permit revisions processed through minor permit revisi
procedures, pursuant to Section 6 (2) (a) of this
administrative regulation, a completeness determination
shall no be required.
(c) Confidential information. A source that submits to the cabinet an
application for a federally enforceable permit containing a claim
of confidential information shall authorize the cabinet to submit
the information to the U.S. EPA, or shall submit a copy of the
information directly to the U.S. EPA.
(2) Duty to supplement or correct application. An applicant who fails to
submit relevant facts or who has submitted incorrect information in a
permit application shall, upon discovery of the occurrence, promptly
submit the supplementary facts or corrected information. The applicant
shall provide additional information as necessary to address
requirements that become applicable to the source after the date it
filed a complete application but prior to issuance of a draft permit.
Failure to supplement or correct the application shall be a violation of
this administrative regulation and shall cause the source to be subject
to applicable penalties, including but not limited to the termination,
revocation and reissuance, or revision of a permit, or denial of a
permit application.
(3) Standard application form and required information.
(a) Applications for permits shall be made on Form DEP 7007 which is
incorporated by reference in 401 KAR 50:034. The applicant may
submit the application using computer software if the cabinet has
provided for the electronic preparation of applications.
(b) An application shall include all information needed to determine
50:035 - 10

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the applicability of or to. impose an applicable requirement and
to evaluate the required fee amount pursuant to 401 KAR 50:038.
(c) The application and attachments shall include the company name and
address or, if different, the plant name and address; owner’s and
agent’s name and address; name, address, and telephone number of
the plant site manager or contact; a description of the source’s
processes and products by Standard Industrial Classification (SIC)
Code, which is incorporated by reference in 401 KAR 51:017,
including any associated with alternate scenarios identified by
the source; and all of the elements specified in paragraphs Cd)
through 0) below:
(d) The application shall provide the following emissions related
information:
1. All emissions for which the source is major and all
emissions of regulated air pollutants. A permit application
shall describe all emissions of regulated air pollutants
emitted from an emissions unit, unless the units are
exempted in Section 2 of this administrative regulation.
The applicant shall also provide any additional information
related to the emissions of air pollutants necessary to
verify which requirements are applicable to the source, and
other information necessary to collect permit fees owed
under the fee schedule approved pursuant to 401 KAR 50:038.
a. For major sources, the applicable requirements for all
emissions units shall be identified in the permit
application.
b. For minor sources required to obtain a permit, all
applicable requirements for the emissions units that
cause the source to be subject to 40 CFR Part 70 shall
be identified in the permit application. The cabinet
may identify the applicable requirements for other
minor sources prior to determining completeness of the
application pursuant to subsection (1) (b) of this
section.
c. Fugitive emissions from a source subject to 40 CFR
Part 70 shall be included in the permit application in
the same manner as stack emissions, even if the source
category in question is not included in the list of
sources in Section 1(22) (b)
2. Identification and description of all points of emissions
described in subparagraph 1. of this paragraph in sufficient
detail to establish the basis for fees arid applicable
requirements.
3. Emissions rates in tons per year and in terms necessary to
establish compliance consistent with the applicable standard
reference test method. These methods are incorporated by
reference in 401 KAR 50:015 or in the applicable
administrative regulations. -
4. Fuels, fuel use, raw materials, production rates, and
operating schedules, to the extent needed to determine or
limit emissions.
5. Identification and description of air pollution control
equipment and compliance monitoring devices or activities.
6. Limitations on source operation affecting emissions or any
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work practice standards, if applicable, for all regulated
air pollutants at the source.
7. Other information required by an applicable requirement,
including information related to stack height limitations
developed pursuant to 401 KAR 50:042.
8. Calculations on which the information in subparagraphs 1
through 7 of this paragraph is based.
(e) The application shall identify the following air pollution control
requirements, except as provided in subparagraph (d)l.b. of this
paragraph:
1. Citation and description of all applicable requirements, and
2. Description of or reference to the applicable test method
for determining compliance with each applicable requirement.
(f) The application shall provide other specific information that nay
be necessary to implement and enforce other applicable
requirements or to determine the applicability of these
requirements.
(g) The application shall provide an explanation of proposed
exemptions from otherwise applicable requirements.
(h) The application shall provide additional information required by
the cabinet to define alternative operating scenarios identified
by the source pursuant to Section 4(1) (1) of this administrative
regulation, or to define permit terms and conditions implementing
Section 4(1)0) of this administrative regulation.
Ci) The application shall provide a compliance plan containing the
following:
1. A description of the compliance status of the source for all
applicable requirements as follows:
a. For applicable requirements with which the source is
in compliance, a statement that the source will
continue to comply with those requirements.
b. For applicable requirements for which the source is
not in compliance at the time of permit issuance, a
narrative description of how the source will achieve
compliance with those requirements.
2. A compliance schedule as follows:
a. For applicable requirements that will become effective
during the permit term, a statement that the source
will meet the requirements on a timely basis. A
statement that the source will meet in a timely manner
applicable requirements that become effective during
the permit term shall satisfy this condition, unless a
more detailed schedule is expressly required by the
applicable requirement.
b. For sources that are not in compliance with all
applicable requirements at the time of per nit
issuance, the schedule shall include remedial
measures, including an enforceable sequence of actions
with milestones, leading to compliance with all
applicable requirements for which the source will be
in noncompliance at the time of permit issuance. The
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compliance schedule shall resemble and be at least as
stringent as that contained in a judicial consent
decree or an order issued by the cabinet to which the
source is subject. The schedule of compliance shall
be supplemental to, and shall not condone
noncompliance with, the applicable requirements on
which it is based.
3. A schedule for submission of certified progress reports,
pursuant to Section 4(3) Cd) of this administrative
regulation,. no less frequently than every six (6) months
for sources required to have a schedule of compliance to
remedy a violation or noncompliance.
4. In Phase II of the Acid Rain program, the compliance plan
content requirements specified in this paragraph shall apply
and be included in the Acid Rain portion of a compliance
plan for an affected source, except as provided in the Acid
Rain program for the schedule and method the source will use
to achieve compliance with the Acid Rain emissions
limitations.
(j) The application shall identify requirements for compliance
certification, including the following:
1. A certification of compliance with all applicable
requirements by a responsible official pursuant to
subsection (4) of this section;
2. A statement of methods used for determining compliance,
including a description of monitoring, record keeping, and
reporting requirements and test methods:
3. A schedule for submission of compliance certifications
during the permit term, to be submitted no less frequently
than annually, or more frequently if specified by the
underlying applicable requirement or by the cabinet: and
4. A statement indicating the source’s compliance status with
applicable monitoring, including enhanced monitoring, and
compliance certification requirements.
(4) Certification by Responsible Official. Application forms, reports, and
compliance certifications submitted pursuant to this administrative
regulation shall contain a certification by a responsible official, as
defined in Section 1(30) of this administrative regulation, of truth,
accuracy, and completeness. The certifications required in this
administrative regulation shall state that, based on information and
belief formed after reasonable inquiry, the statements and information
in the document are true, accurate, and complete.
Section 4. Permit Content.
(1) Standard permit requirements. A permit issued pursuant to this
administrative regulation shall include the following elements:
(a) Emission limitations and standards, including operational
requirements and limitations that assure compliance with
applicable requirements at the time of permit issuance. This
shall include:
1. The origin of and authority for each term or condition, and
any variation from the applicable requirement upon which the
term or condition is based;
2. A statement that the source shall comply with all applicable
50:035 - 13

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requirements;
3. If the state implementation plan (SIP) allows the
determination of an alternative emission limit that is
equivalent to the limit contained in the plan to be made in
the permit issuance, renewal, or significant permit revision
process, then a permit containing the equivalency
determination shall contain conditions to ensure that the
resulting emissions limit has been demonstrated to be
permanent, quantifiable, accountable, enforceable, and based
on replicable procedures. The cabinet shall not issue
permits that waive, or make less stringent, any limitation
or requirements contained in or issued pursuant to the SIP
or that are otherwise federally enforceable.
4. For major sources all applicable requirements for emissions
units;
5. For minor sources, all applicable requirements for emissions
units that cause the source to be subject to this
administrative regulation; and
6. Fugitive emissions from a source subject to 40 CFR Part 70
shall be included in the permit in the same manner as stack
emissions, even if the source category is not included in
the list of sources in Section 1(22) (b) of this
administrative regulation.
7. The permit shall state that if an applicable requirement of
42 USC 7401 through 7671q is more stringent than an
applicable requirement promulgated pursuant to 42 USC 7651
through 765lo, both provisions shall be placed in the permit
and shall be federally enforceable.
(b) Permit duration and renewal. A statement shall be included which
provides that the permit shall expire and shall be renewed
pursuant to Section 5(7) of this administrative regulation.
(c) Monitoring and related record keeping and reporting requirements.
1. Each permit shall contain the following monitoring
requirements:
a. All emissions monitoring and analysis procedures or
test methods required in the applicable requirements
including those specified in 42 USC 7414(a) (3) or
7661c(b) (Sections 114(a) (3) or 504(b) of the Act);
b. If the applicable requirement does not require
periodic testing or instrumental or noninstrumental
monitoring, which may consist of record keeping
designed to serve as monitoring, periodic monitoring
sufficient to yield reliable data from the relevant
time period representative of the source’s compliance
with the permit, as reported pursuant to subparagraph
3. of this paragraph. Monitoring requirements shall
assure the use of terms, test methods, units,
averaging periods, and other statistical conventions
consistent with the applicable requirement. Record
keeping provisions may be sufficient to meet the
requirements of this sentence; and
c. Requirements covering the use, maintenance, and
installation of monitoring equipment or methods, as
necessary and appropriate.
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2. Each permit shall incorporate the following recordkeeping
requirements, if applicable:
a. Records of required monitoring information that
include the following:
i. The date, place as defined in the permit, and
time of sampling or measurements;
ii. The dates analyses were performed;
iii. The company or entity that performed the
analyses;
iv. The analytical techniques or methods used;
v. The results of analyses; and
vi. The operating conditions at the time of sampling
or measurement;
b. Retention of records of all required monitoring data
and support information for a period of at least five
(5) years from the date of the monitoring sample,
measurement, report, or application. Support
information shall include all calibration and
maintenance records and all original strip-chart
recordings for continuous monitoring instrumentation,
and copies of all reports required by the permit.
3. Each permit shall incorporate the following reporting
requirements, if applicable:
a. Submittal of required monitoring reports at least
every six (6) months. All deviations from permit
requirements shall be clearly identified in the
reports, and all reports shall be certified by a
responsible official pursuant to Section 3(4) of this
administrative regulation.
b. Prompt reporting of deviations from permit
requirements, including those attributed to upset
conditions, the probable cause of the deviations, and
corrective actions or preventive measures taken. The
cabinet shall define prompt reporting in the permit in
relation to the degree and type of deviation likely to
occur and the applicable requirements.
Cd) A permit condition prohibiting emissions exceeding allowances that
the source lawfully holds in the Acid Rain program.
1. A permit revision shall not be required for increases in
emissions authorized by allowances acquired pursuant to the
Acid Rain program if the increases do not require a permit
revision in another applicable requirement.
2. A limit shall not be placed on the number of allowances held
by the source. However, a source shall not be allowed to
use allowances in defense of noncompliance with an
applicable requirement.
3. Allowances shall be accounted for according to the
procedures established in 40 CFR Part 73, which is
incorporated by reference in Section 11 of this
administrative regulation.
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(e) A severability clause to ensure the continued validity of the
various permit requirements in the event of a challenge to
portions of the permit.
(f) Provisions stating the following:
1. The permittee shall comply with all conditions of the
permit. Noncompliance shall be a violation of this
administrative regulation and, for federally enforceable
permits, is also a violation of 42 Usc 740]. through 7671q
(The Act) and is grounds for an enforcement action,
including but not limited to the termination, revocation and
reissuance, or revision of a permit, or denial of a permit
application.
2. It shall not be a-defense for a permittee in an enforcement
action that it would have been necessary to halt or reduce
the permitted activity in order to maintain compliance.
3. The permit may be revised, revoked, reopened, and reissued,
or terminated for cause. The filing of a request by the
permittee for a permit revision, revocation and reissuance,
or termination, or of a notification of planned changes or
anticipated noncompliance shall not stay a permit condition.
4. The permit shall not convey property rights or exclusive
privileges.
5. The perrnittee shall furnish to the cabinet information that
the cabinet may request in writing to determine whether
cause exists for modifying, revoking and reissuing, or
terminating the permit, or to determine compliance with the
permit. Upon request, the permittee shall also furnish to
the cabinet copies of records required to be kept by the
permit.
(g) A provision to ensure that the source shall pay the fees to the
cabinet pursuant to the approved fee schedule in 401 KAR 50:038.
(h) Emissions Trading. A provision stating that a permit revision
shall not be required in approved economic incentives, marketable
permits, emissions trading and other similar programs or processes
for changes that are provided for in the permit.
Ci) Terms and conditions for reasonably anticipated operating
scenarios identified by the source in its application as approved
by the cabinet. The terms and conditions:
1. Shall require the source, contemporaneously with making a
change from one operating scenario to another, to record in
a log at the permitted facility a record of the scenario in
which it is operating;
2. Shall extend the permit shield described in subsection (6)
of this section to all terms and conditions in each
operating scenario; and
3. Shall ensure that the terms and conditions of each
alternative scenario meet all applicable requirements.
(j) Terms and conditions, if the permit applicant requests them, for
the trading of emissions increases and decreases in the permitted
facility, solely for the purpose of complying with a federally
enforceable emissions cap that is established in the permit
independent of other applicable requirements. The permit
50 035 - 16

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applicant shall include in the application proposed replicable
procedures and permit terms that ensure the emissions trades are
quantifiable and enforceable. The cabinet shall not include in
the emissions trading provisions any emissions units for which
emissions are not quantifiable or for which there are not
replicable procedures to enforce the emissions trades. The terms
and conditions:
1 Shall include all terms required in subsections (1) and (3)
of this section to determine compliance;
2. Shall extend the permit shield described in subsection (6)
of this section to all terms and conditions that allow
increases and decreases in emissions; and
3. Shall meet all applicable requirements and the requirements
of this administrative regulation.
4. Shall require written notification to the cabinet and the
U.S. EPA seven (7) days in advance of the proposed change.
The source, cabinet and U.S. EPA shall attach a copy of each
notice to their copy of the relevant permit. The
notification shall state when the change will occur and
shall describe the changes in emissions that will result and
how these increases and decreases in emissions will comply
with the terms and conditions of the permit.
(2) Federally enforceable requirements. The cabinet shall include a
notification in a federally enforceable permit that all terms and
conditions in the permit, except the provisions that are specifically
designated as state-origin requirements, shall be enforceable by the
U.S. EPA and citizens.
(3) Compliance requirements. All permits shall contain the following
elements for compliance:
(a) Pursuant to subsection (1) (C) of this section, compliance
certification, testing, monitoring, reporting, and record keeping
requirements sufficient to assure compliance with the terms and
conditions of the permit. Documents, including reports, shall be
certified by a responsible official pursuant to Section 3(4) of
this administrative regulation.
(b) Requirements that the permittee shall allow the cabinet or an
authorized representative to perform the following:
1. Enter upon the premises where a source is located or
emissions-related activity is conducted, or where records
are kept;
2. Have access to and copy, at reasonable times, any records
required by the permit:
a. During normal office hours, and
b. During periods of emergency when prompt access to
records is essential to proper assessment by the
cabinet; and
3. Inspect, at reasonable times, any facilities, equipment
(including monitoring and air pollution control equipment),
practices, or operations required by the permit. Reasonable
times shall include, but not be limited to the following:
a. During all hours of operation at the source,
b. For sources operated intermittently, during all hours
of operation at the source and the hours between 8:00
50:035 - 17

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am arid 4:30 pm, Monday through Friday, excluding
holidays, and
c. During an emergency.
4. Sample or monitor, at reasonable times, substances or
parameters to assure compliance with the permit or any
applicable requirements. Reasonable times shall include,
but not be limited to the following:
a. During all hours of operation at the source,
b. For sources operated intermittently, during all hours
of operation at the source and the hours between
8:00 am and 4:30 pm, Monday through Friday, excluding
holidays, and
c. During an emergency.
(c) A schedule of compliance as required in Section 3(3)(i)2 of this
administrative regulation.
(d) Progress reports on the schedule of compliance required in
paragraph (c) of this subsection to be submitted at least
semiannually, or at a more frequent period if specified in an
applicable requirement or by the cabinet. Progress reports shall
contain the following:
1. Dates for achieving the activities, milestones, or
compliance required in the schedule of compliance, and dates
when these activities, milestones, or compliance were
achieved; and
2. An explanation of why dates in the schedule of compliance
were not or will not be met, and preventive or corrective
measures adopted.
(e) Requirements for compliance certification with terms and
conditions contained in the permit, including emission
limitations, standards, or work practices. Permits shall include
each of the following:
1. The frequency, as specified in an applicable requirement or
by the cabinet, of submissions of compliance certifications
(must be at least annually);
2. In accordance with subsection (1) (c) of this section, a
means for monitoring the compliance of the source with its
emissions limitations, standards, and work practices;
3. A requirement that the compliance certification include the
following:
a. The identification of each term or condition of the
permit that is the basis of the certification;
b. The compliance status;
c. Whether compliance was continuous or intermittent;
d. The method used for determining the compliance status
of the source, currently and over the reporting period
pursuant to subsection (1) Cc) of this section; and
e. Other facts as the cabinet may require to determine
the compliance status of the source;
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4. A requirement that all compliance certifications be
submitted to the U.S. EPA for sources required to obtain
permits pursuant to 40 CFR Part 70, as well as to the
cabinet; and
5. Additional requirements for monitoring and compliance
certification, consistent with 42 Usc 7414 (a) (3) and 42 USC
7504(b) (Sections 114(a) (3) and 504(b) of the Act),
(f) A specific condition, for a constructing, reconstructing,
altering, or modifying source, that the source shall not be
allowed to commence operation until it has demonstrated
compliance, pursuant to 401 KAR 50:055 and Section 5(4) of this
administrative regulation, or the permit has been revised to
contain a compliance plan. For a federally enforceable permit,
the compliance plan shall meet the applicable review requirements
in Sections 7 through 9 of this administrative regulation.
(g) Other provisions required by the cabinet.
(4) General permits.
(a) The cabinet may, after notice and opportunity for public
participation provided in Section 7 of this administrative
regulation, issue a general permit covering numerous similar
sources. A general permit shall comply with all requirements
applicable to other permits and shall identify criteria by which
sources may qualify for the general permit. To sources that
qualify, the cabinet shall grant the conditions and terms of the
general permit. Notwithstanding the shield provisions in
subsection (6) of this section, the source shall be subject to
enforcement action for operation without a permit if the source is
later determined not to qualify for the conditions and terms of
the general permit. General permits shall not be authorized for
affected sources except as provided in the Acid Rain program.
(b) Sources that qualify for a general permit shall apply to the
cabinet for coverage under the terms of the general permit or
shall apply for a permit pursuant to Section 3 of this
administrative regulation. The general permit application shall
meet the requirements of this administrative regulation and
include all information necessary to determine qualification for,
and to assure compliance with, the general permit. The cabinet
may grant a source’s request for a general permit without
repeating the public participation procedures required in Section
7 of this administrative regulation. If the cabinet determines
that the source does not meet the criteria for a general permit,
the cabinet’s denial of the general permit shall not constitute a
final action and the permit application sh.all be processed
pursuant to the requirements of Section 3 of this administrative
regulation.
(5) Temporary sources. The cabinet may issue a single permit authorizing
emissions from similar operations by the same source owner or operator
at multiple temporary locations. The operation shall be temporary and
involve at least one (1) change of location during the term of the
permit. An affected source shall not be permitted as a temporary
source. Permits for temporary sources shall include the following:
(a) Conditions that will assure compliance with all applicable
requirements at all authorized locations;
(b) Requirements that the owner or operator notify the cabinet at
least ten (10) days in advance of each change in location; and
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Cc) Conditions that assure compliance with all other provisions of
this administrative regulation.
(6) Permit shield.
(a) Except as provided in this administrative regulation, compliance
with the conditions of the permit shall be deemed compliance with
the applicable requirements as of the date of permit issuance, if:
1. The applicable requirements are included and are
specifically identified in the permit; or
2. The cabinet, in acting on the permit application or
revision, determines in writing that other requirements
specifically identified are not applicable to the source,
and the permit includes the determination or a concise
summary thereof.
(b) A permit that does not expressly state that a permit shield exists
shall be presumed not to provide a shield.
Cc) Nothing in this subsection or in a permit shall alter or affect
the following:
1. 42 Usc 7603 (emergency orders, Section 303 of the Act),
including the authority of the U.S. EPA in that section;
2. The liability of an owner or operator of a source for
violation of applicable requirements prior to or at the time
of permit issuance;
3. The applicable requirements of the Acid Rain program; or
4. The ability of the U.S. EPA to obtain information from a
source pursuant to 42 usc 7414 (Section 114 of the Act).
(7) Emergency provision.
(a) Effect of an emergency. An emergency shall constitute an
affirmative defense to an action brought for noncompliance with
the technology-based emission limitations if the conditions in
paragraph (b) of this subsection are met.
(b) The affirmative defense of emergency shall be demonstrated through
properly signed, contemporaneous operating logs, or other relevant
evidence that:
1. An emergency occurred and the permittee can identify the
cause of the emergency;
2. The permitted facility was at the time being properly
operated;
3. During the period of the emergency the permittee took all
reasonable steps to minimize levels of emissions that
exceeded the emission standards, or other requirements in
the permit; and
4. The permittee notified the cabinet as promptly as possible
and submitted written notice of the emergency to the cabinet
within two (2) working days of the time when emission
limitations were exceeded due to the emergency. This notice
shall fulfill the requirement of subsection (1) (c)3.b. of
this section, and shall contain a description of the
emergency, steps taken to mitigate emissions, and corrective
actions taken.
Cc) In an enforcement proceeding, the permittee seeking to establish
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the occurrence of an emergency shall have the burden of proof.
(d) This provision is in addition to any emergency or upset provision
contained in an applicable requirement.
Section 5. Permit Issuance and Renewal. A person shall not construct,
reconstruct, alter, modify, or operate a source without a permit issued
pursuant to this administrative regulation. A permit application submitted by
an existing source which is deemed complete prior to November 29, 1993, may be
processed by the cabinet according to the requirements of the version of this
administrative regulation in effect at the time the application was deemed
complete.
(1) Processing applications from existing sources for permits covering the
entire source.
(a) An existing major source proposing to accept permit limitations to
become a synthetic minor or conditional major source.
Applications received from sources submitted pursuant to Section
3(1) (a)l.a. of this administrative regulation shall be processed
as follows:
1. Draft permit. The cabinet shall issue or deny a draft
permit within sixty (60) days after the application is
deemed complete pursuant to Section 3 (1) (b) of this
administrative regulation. The cabinet shall submit the
draft permit to the U.S. EPA and. provide notice of the
draft permit:
a. For public and affected state review pursuant to
Sections 7 and 8 of this administrative regulation, if
the source is required to obtain a permit pursuant to
40 CFR Part 70; or
b. For public review pursuant to Section 7 if the source
is not required to obtain a permit pursuant to 40 CFR
Part 70.
2. Proposed permit. The cabinet shall issue or deny a proposed
permit within sixty (60) days after the applicable public
and affected state review requirements in Sections 7 and 8
of this administrative regulation is complete.
3. If a proposed permit is issued:
a. The cabinet shall submit the proposed permit to the
U.S. EPA for review pursuant to Section 9 of this
administrative regulation, if the source is required
to obtain a permit pursuant to 40 CFR Part 70.
b. The proposed permit shall be the final permit, if the
source is not required to obtain a permit pursuant to
40 CFR Part 70.
4. Final permit. The cabinet shall issue or deny a final
permit within nine (9) months after the application is
deemed complete.
5. The source shall operate in compliance with the existing
permit, authorization to operate, or an order of the cabinet
until the final permit is issued or denied.
6. An existing source shall follow the applicable procedures in
subparagraphs 1. through 4. of this paragraph unless the
existing permit limits are deemed federally enforceable by
the U.S. EPA.
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(b) All other existing sources required to obtain a federally
enforceable permit pursuant to 40 CFR Part 70. Applications
received from existing sources pursuant to Section 3(1) (a)l.b. an
2. of this administrative regulation shall be processed as
follows:
1. Draft permit. The cabinet shall issue or deny a draft
permit:
a. During the first two (2) years after the
classification date for 60% of the initial round of
applications from existing sources that emit at least
80% of the emissions in the KyE1S.
b. Within sixty (60) days after the application is deemed
complete for minor sources, permit renewals, and for
sources that become subject to a requirement to obtain
a federally enforceable permit after the
classification date.
2. The cabinet shall provide notice of the draft permit f or
public and affected state review pursuant to Sections 7 and
8 of this administrative regulation.
3. Proposed permit. The cabinet shall issue or deny a proposed
permit within sixty (60) days after the public and affected
state review required in Sections 7 and 8 of this
administrative regulation is completed. If a proposed
permit is issued, the cabinet shall submit it to the U.S.
EPA for review pursuant to Section 9 of this administrative
regulation.
4. Final permit. The cabinet shall issue or deny a final
permit:
a. For One-fifth (115) of the initial round of
applications from existing major sources each year f
five (5) years after the classification date.
b. Within eighteen (18) months after the application is
deemed complete, for minor sources and for sources
becoming subject to a requirement to obtain a
federally enforceable permit after the classification
date.
c. Within six (6) months after receiving a complete
application, for permit renewals.
5. The source shall operate in compliance with the existing
permit, authorization to operate, or an order of the cabinet
until the final permit is issued or denied.
(c) Existing minor sources required to obtain a state origin permit.
Applications received from sources submitted pursuant to Section
3(1) (a)3. shall be processed as follows:
1. The cabinet shall issue or deny a final permit within sixty
(60) days after the application is deemed complete. The
cabinet may extend this time period with the consent of the
applicant.
2. The source shall operate in compliance with the existing
permit, authorization to operate, or order of the cabinet
until a final permit is issued or denied.
(2) Processing applications from existing sources proposing to construct,
50:035 - 22

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reconstruct, alter, or modify an affected facility at the source,
submitted pursuant to Section 3(1) (a)4. of this administrative
regulation.
(a) Proposed changes that are subject to New Source Review for Major
Sources or Prevention of Significant Deterioration requirements.
1. Applications received from existing sources proposing to
construct,,reconstruct, alter, or modify an affected
facility that is subject to 40 CFR 51.165, 40 CFR 51.166,
401 KAR 51:052, or 401 KAR 51:017 prior to the date the
source submits an application for a federally enforceable
permit for the entire source shall be processed as follows:
a. Preliminary determination. The cabinet shall make a
preliminary determination within sixty (60) days after
the application is deemed complete if the change
should be approved, approved with conditions or
disapproved. The cabinet shall submit the preliminary
determination to the U.S.EPA and shall provide notice
for public and affected state review pursuant to
Sections 7 and 8 of this administrative regulation.
b. Final determination. The cabinet shall respond to
comments and shall take final action on the
application within sixty (60) days after the U.S. EPA,
public, and affected state review is completed. The
cabinet shall notify the applicant in writing of the
final determination. If a permit is issued, the
cabinet shall make the notification and public
comments available for public inspection at the same
location where the preconstruction information was
made available.
c. The source shall construct and operate in compliance
with the permit issued in subparagraph l.b. of this
paragraph until a final permit for the entire source
is issued or denied, except that the owner or operator
shall not construct a change that is subject to 40 CFR
51.166 and 401 KAR 51:017 until thirty (30) days after
receiving notice of the final determination.
d. The permit issued pursuant to subparagraph l.b. of
this paragraph shall be incorporated into the
application or permit for the entire source as an
administrative amendment.
2. Applications received from existing sources proposing to
construct, reconstruct, alter, or modify an affected
facility that is subject to 40 CFR 51.165, 40 CFR 51.166,
401 KAR 51:052, or 401 KAR 51:017 after the source submits
an application for a federally enforceable permit for the
entire source shall be processed as follows:
a. The cabinet shall continue to process the application
for the entire source independently from the
application for the proposed change.
b. The application for the proposed change shall be
processed pursuant subparagraph 1. of this paragraph.
(b) Sources proposing changes that are not subject to New Source
Review for Major Sources or Prevention of Significant
Deterioration requirements.
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1. Applications received from existing sources proposing to
construct, reconstruct, alter, or modify an affected
facility prior to the date the source submits an applicati ..
f or a permit covering the entire source shall be processed
as follows:
a. The cabinet shall issue or deny a state origin permit
within sixty (60) days after the application is deemed
complete. If the source proposes to accept permit
limitations to make the change a synthetic minor
change, the permit shall be processed pursuant to the
applicable provisions of subsection 1(a) of this
section.
b. The source shall construct and operate in compliance
with the permit issued pursuant to this subparagraph
until a permit for the entire source is issued or
denied.
C. A permit issued pursuant to this subparagraph shall be
incorporated into the sources’s application for a
permit for the entire source.
2. Applications received from existing sources proposing to
construct, reconstruct, alter, or modify an affected
facility after the source submits an application for a
permit covering the entire source shall be processed as
follows:
a. The cabinet shall continue to process the application
for the entire source independent of the application
for the proposed change.
b. Draft permit. The cabinet shall issue or deny a dratt
permit, for the proposed change within sixty (60) days
after the application for the change is deemed
complete. The source shall construct in compliance
with the draft permit. If the source proposes to
accepI permit limitations to make the change a
synthetic minor change, the permit shall be processed
pursuant to the applicable provisions of subsection
1(a) of this section.
C. The cabinet shall process a draft permit issued
pursuant to subparagraph 2.b. of this paragraph and
revise the permit for the entire source pursuant to
the applicable provisions of Section 6 of this
administrative regulation.
(3) Processing applications f or the proposed construction of new sources,
reconstruction of existing sources, and alteration or modification of
sources with a permit for the entire source. Applications received
after November 29, 1993, pursuant to Section 3(1) (a)5. of this
administrative regulation shall be processed as follows:
(a) Applications for the proposed construction of new sources or
reconstruction of existing sources shall be processed as follows:
1. Constructing or reconstructing sources that are subject to
New Source Review for Major Sources or Prevention of
Significant Deterioration requirements or who propose to
accept permit limitations which cause the source to be a
synthetic minor source. Applications received for the
proposed construction or reconstruction of a source that is
50:035 - 24

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subject to, or would otherwise be subject to, 40 CFR 51.165,
40 CFR 51.166, 401 KAR 51:052. or 401 KAR 51:017 source
shall be processed as follows:
a. Preliminary determination/draft permit. The cabinet
shall make a preliminary determination if the source
should be approved, approved with conditions or
disapproved, and issue or deny a draft permit within
sixty (60) days after the application is deemed
complete.
b. Public and affected state review. The cabinet shall
submit the draft permit to the U.S. EPA and shall
provide notice for public review pursuant to Section 7
of this administrative regulation. The cabinet shall
also provide the draft permit for affected state
review pursuant to Section 8 of this administrative
regulation, if the source is required to obtain a
permit pursuant to 40 CFR part 70.
c. Final determination/proposed permit. . The cabinet
shall respond to comments and shall take final action
on the application within sixty (60) days after the
U.S. EPA and public review is completed. The cabinet
shall notify the applicant in writing of the final
determination, issue or deny a proposed permit, and
make the notification and public comments available
for public inspection at the same location where the
preconstruction information was made available.
d. If the source is not required to obtain a permit
pursuant to 40 CFR Part 70, the source shall construct
and operate in compliance with the proposed permit.
‘Me proposed permit shall be submitted to the U.S. EPA
and shall become the final permit for the source. For
all other sources subject to this subparagraph and to
40 CFR Part 70:
i. The source shall construct and operate in
compliance with the proposed permit until a
final permit for the entire source is issued or
denied, except that the owner or operator of a
source that is subject to 40 CFR 51.166 and 401
KAR 51:017 shall not construct until thirty (30)
days after receiving notice of the final
determination.
ii The cabinet shall submit the proposed permit to
the U.S. EPA for review pursuant to Section 9 of
this administrative regulation; and
iii. The-cabinet shall issue or deny a final permit
within eighteen (18) months after the
application is deemed complete.
2. Applications received for the proposed construction or
reconstruction of all other sources required to have a
permit pursuant to 40 CFR Part 70 or who propose to accept
permit limitations which cause the source to be a
conditional major source, shall be processed as follows:
a. Draft permit. The cabinet shall issue or deny a draft
permit within sixty (60) days after the application is
deemed complete. The source shall construct and
operate in compliance with the draft permit until a
50:035 - 25

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final permit is issued or denied.
b. Public, EPA, and affected state review.
i. The cabinet shall provide notice of the draft
permit for public and affected state review
pursuant to Sections 7 and 8 of this
administrative regulation, if the source is
required to obtain a permit pursuant to 40 CFR
Part 70.
ii. The cabinet shall submit the draft permit to the
U.S. EPA and shall provide notice of the draft
permit for public review pursuant to Section 7
of this administrative regulation, if the source
is not required to obtain a permit pursuant to
40 CFR Part 70.
c. Proposed permit. The cabinet shall issue or deny a
proposed permit within sixty (60) days after the
applicable public, U.S. EPA, and affected state review
required in Sections 7 and 8 of this administrative
regulation is completed.
d. If the source is not required to have a permit
pursuant to 40 CFR Part 70, the proposed permit shall
be submitted to the U.S. EPA and the proposed permit
shall become the final permit for the source. For all
other sources subject to this subparagraph and to 40
CFR Part 70:
i. The cabinet shall submit the proposed permit to
the U.S. EPA for review pursuant to Section 9 of
this administrative regulation.
ii. Final permit. The cabinet shall issue or deny -
final permit within eighteen (18) months after
the application is deemed complete.
3. Processing applications for the proposed construction,
reconstruction, alteration, or modification of sources
required to have a state origin permit. The cabinet shall
issue or deny a final permit or permit revision within sixty
(60) days after the application is deemed complete. The
cabinet may extend this time period with the consent of the
applicant.
(b) Applications for the proposed construction, reconstruction,
alteration, or modification at a source after a permit for the
entire source has been issued. The cabinet shall follow the
applicable preconstruction review procedures of paragraph (a) of
this subsection and the applicable permit revision procedures in
Section 6 of this administrative regulation for sources who have
been issued a permit for the entire source.
(4) Compliance demonstration. A source that is constructing,
reconstructing, altering, or modifying shall not commence operation
until compliance with the applicable requirements is demonstrated,
pursuant to 401 KAR 50:055, except as provided in Section 6 of this
administrative regulation.
(a) A source which is operating to demonstrate compliance shall not be
considered to have commenced operation.
(b) If the source does not successfully demonstrate compliance, the
permit shall be amended as necessary and the compliance schedule
shall be revised or added, as appropriate, pursuant to Section
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4(3) (f) of this administrative regulation.
(5) If an existing source submits a timely and complete application for a
permit or permit revision, pursuant to Section 3 of this administrative
regulation, the source’s failure to have a permit or permit revision
shall not be a violation of this administrative regulation until the
cabinet makes a final determination to approve or deny the permit or
permit revision. The source’s authority to operate shall cease to apply
if, subsequent to the completeness determination made pursuant to
Section 3(1) (b) of this administrative regulation, the applicant fails
to submit by the deadline, specified in writing by the cabinet,
additional information requested pursuant to Section 3(1) (b)3 of this
administrative regulation.
(6) General Requirements. For a source that is constructing,
reconstructing, altering, or modifying, a permit shall become invalid if
construction is not commenced within eighteen (18) months after the
permit is issued, if construction begins but is discontinued for a
period of eighteen (18) months or more, or if construction is not
completed within eighteen (18) months of the scheduled completion date.
The cabinet may extend these time periods upon a satisfactory showing
that an extension is justified. This provision shall not apply to the
time period between construction of the approved phases of a phased
construction project. For a phased construction project, each phase
shall commence construction within eighteen (18) months of the projected
and approved commencement date.
(7) Permit duration and renewal. (a) Permit duration. A permit issued after
the effective date of this administrative regulation shall remain in
effect for a fixed term of five (5) years, except that permits for solid
waste incineration units that combust municipal waste shall remain in
effect for a period of twelve (12) years and shall be reviewed by the
cabinet at least every five (5) years.
(b) Permit renewal.
1. Permit expiration shall terminate the source’s right to
operate unless a timely and complete renewal application has
been submitted pursuant to Section 3 (1) (a) of this
administrative regulation.
2. Permits being renewed shall be subject to the same
procedural requirements, including those for public
participation and for affected state and U.S. EPA review,
that apply to initial permit issuance.
3. If a timely and complete application for a permit renewal is
submitted pursuant to Section 3 of this administrative
regulation, but the cabinet fails to issue or deny the
renewal permit before the end of the term of the previous
permit, all the terms and conditions of that permit,
including any permit shield that is issued pursuant to
Section 4(6) of this administrative regulation, shall remain
in effect until the renewal permit has been issued or
denied.
4. If the cabinet fails to act promptly on a federally
enforceable permit renewal, the U.S. EPA may invoke its
authority, pursuant to 42 USC 7661(e) (Section 505(e) of the
Act), to terminate or revoke and reissue the permit.
Section 6. Permit Revisions and Reopenings.
(1) Administrative permit amendment procedures. An administrative permit
amendment may be made by the cabinet pursuant to the following:
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(a) The cabinet shall take no more than sixty (60) days from receipt
of a request for an administrative permit amendment to take final
action on the request, and may incorporate the changes without
providing notice to the public or affected states if it determines
the permit revision has been made pursuant to this paragraph.
(b) For federally enforceable permits the cabinet shall submit a copy
of the revised permit to the U.S. EPA.
(c) The source may implement the changes addressed in the request for
an administrative amendment immediately upon submittal of the
request.
(d) The cabinet may, upon taking final action granting a request for
an administrative permit amendment, allow coverage by the permit
shield for the administrative permit amendment as defined in
Section 1(3) of this administrative regulation, if the amendment
meets the relevant requirements of Sections 4 through 9 of this
administrative regulation for significant permit revisions.
(e) Administrative permit amendments for the Acid Rain portion of the
permit shall be governed by regulations promulgated pursuant to 42
USC 765]. through 765 1 q (Title IV of the Act).
(2) Permit Revisions. Except as provided in the Acid Rain Program, the
procedures for revising a permit shall be as follows:
(a) Minor permit revision procedures.
1. Minor permit revision procedures shall be used for permit
revisions that:
a. Do not violate an applicable requirement;
b. Do not involve significant changes to existing
monitoring, reporting, or record keeping requirements
in the permit;
c. Do not require or change a case-by-case determination
of an emission limitation or other standard, or a
source-specific determination for temporary sources of
ambient impacts, or a visibility or increment
analysis;
a. Do not seek to establish or change a permit term or
condition for which there is no corresponding
applicable requirement but which the source has
assumed to avoid an applicable requirement to which
the source would otherwise be subject. These terms
and conditions include:
i. A federally enforceable emissions cap assumed to
avoid classification as a modification in a
provision of 42 USC 7401 through 7514a (Title I
of the Act); and
ii. An alternative emissions limit approved pursuant
to 42 USC 7412(i) (5) (Section 112(i) (5) of the
Act);
e. Are not modifications.in a provision of 42 USC 7401
through 7514a (Title I of the Act) or of an
administrative regulation promulgated in 401 KAR
Chapters 50 through 63; and
f. Are not required to be processed as a significant
permit revision.
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2. Notwithstanding this paragraph and paragraph (b)l. of this
subsection, minor permit revision procedures may be used for
permit revisions involving the use of economic incentives,
marketable permits, emissions trading, and other similar
approaches, to the extent that these minor permit revision
procedures are explicitly provided for in the SIP or in
applicable requirements.
3. Application. An application requesting the use of minor
permit revision procedures shall meet the requirements of
Section 3(3) of this administrative regulation and shall
include the following:
a. A description of the change, the emissions resulting
from the change, and new applicable requirements that
will apply if the change occurs;
b. The source’s suggested draft permit;
c. Certification, by a responsible official, pursuant to
Section 3(4) of this administrative regulation, that
the proposed permit revision meets the criteria for
use of minor permit revision procedures and a request
that these procedures be used; and
d. For federally enforceable permits completed forms for
the cabinet to use to notify affected states and the
U.S. EPA, as required in Sections 8 and 9 of this
administrative regulation.
4. U.S. EPA and affected state notification. Within five (5)
working days of receipt of a complete application for a
federally enforceable permit revision, the cabinet shall
provide notice to the U.S. EPA and affected states, pursuant
to Sections 8 and 9(2) of this administrative regulation, of
the requested minor permit revision.
5. Timetable for issuance.
a. The cabinet shall not issue a final minor permit
revision to a federally enforceable permit until after
the U.S. EPA’s forty-five (45) day review period or
until the U.S. EPA has notified the cabinet that it
will not object to issuance of the minor permit
revision, whichever is sooner, pursuant to Section
9(3) of this administrative regulation. Within ninety
(90) days of the cabinet’s receipt of an application
for a minor permit revision or fifteen (15) -days after
the end of the U.S. EPA’s forty-five (45) day review
period as prescribed in Section 9(3) of this
administrative regulation, whichever is later, the
cabinet shall:
1. Issue the minor permit revision as proposed;
ii. Deny the minor permit revision application;
iii. Determine that the requested permit revision
does not meet the minor permit revision criteria
and shall be reviewed under the significant
permit revision procedures; or
iv. Revise the draft permit revision and transmit to
the U.S. EPA a new proposed permit revision
pursuant to Section 9(2) of this administrative
regulation.
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b. For state-origin permits, the cabinet shall, within
ninety (90) days of receipt of an application for a
minor permit revision:
i. Issue the minor permit revision as proposed;
ii. Deny the minor permit revision application; or
iii. Determine that the requested permit revision
does not meet the minor permit revision criteria
and shall be reviewed under the significant
permit revision procedures.
6. The Source’s ability to make a change. The source may make
the change proposed in its minor permit revision application
immediately after it files the application. After the
source makes the change, and until the cabinet takes any of
the actions specified in subparagraph 5.a. through c. of
this paragraph, the source shall comply with both the
applicable requirements governing the change and the
proposed permit terms and conditions. During this time
period, the source shall not be required to comply with the
existing permit terms and conditions it seeks to modify.
However, if the source fails to comply with its proposed
permit terms and conditions during this time period, the
existing permit terms and conditions it seeks to modify may
be enforced against it. If the minor permit revision is
denied, the source shall comply with the existing permit
terms and conditions.
7. Permit shield. The permit shield described in Section 4(6)
of this administrative regulation shall not extend to minor
permit revisions.
(b) Group processing of minor permit revisions. Pursuant to this
paragraph, the cabinet may modify the procedure outlined in
paragraph (a) of this subsection to process groups of a source’s
applications for certain permit revisions eligible for minor
permit revision processing.
1. Criteria. Group processing shall be used only for permit.
revisions that:
a. Meet the criteria for minor permit revision procedures
in paragraph (a) of this subsection; and
b. Are collectively below the threshold emissions level.
The threshold emissions level shall be ten percent
(10%) of the emissions allowed by the permit for the
emissions unit for which the change is requested,
twenty percent (20%) of the applicable emissions
provided in the definition of “major source” in
Section 1(22) of this administrative regulation, or
five (5) tons per year, whichever is least.
2. Application. An application requesting the use of group
processing procedures shall meet the requirements of Section
3(3) of this administrative regulation and shall include the
following:
a. A description of the change, the emissions resulting
from the change, and new applicable requirements that
will apply if the change occurs.
b. The source’s suggested draft permit revision.
50:035 - 30

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c. Certification by a responsible official, pursuant to
Section 3(4) of this administrative regulation, that
the proposed permit revision meets the criteria for
use of group processing procedures and a request that
these procedures be used.
d. A list of the source’s other pending applications
awaiting group processing, and a determination of
whether the requested permit revision, aggregated with
these other applications, equals or exceeds the
threshold prescribed in subparagraph 1.b. of this
paragraph.
e. Certification, for federally enforceable permits,
pursuant to Section 3(4) of this administrative
regulation, that the source has notified the U.S. EPA
of the proposed permit revision. The notification
shall contain a brief description of the requested
permit revision.
f. For federally enforceable permits, completed forms for
the cabinet to use to notify the U.S. EPA and affected
states pursuant to Sections 8 and 9 of this
administrative regulation.
3. U.S. EPA and affected state notification for federally
enforceable permit revisions. On a quarterly basis or
within five (5) business days of receipt of an application
demonstrating that the aggregate of a source’s pending
applications equals or exceeds the threshold level set in
subparagraph l.b. of this paragraph, whichever is earlier,
the cabinet shall promptly notify the U.S. EPA and affected
states of the requested permit revisions pursuant to
Sections 8 and 9(2) of this administrative regulation.
4. Timetable for issuance for federally enforceable permits.
Subsection (2) (a)5. of this section shall apply to permit
revisions eligible for group processing, except that the
cabinet shall take one (1) of the actions specified in
subsection (2) (a)5a. through d. of this section within 180
days of receipt of the application or fifteen (15) days
after the end of the U.S. EPA’s forty-five (45)-day review
period as prescribed in Section 9(3) of this administrative
regulation, whichever is later.
5. The source’s ability to make a change. Subsection (2) (a)6.
of this section shall apply to permit revisions eligible for
group processing.
6. Permit shield. The permit shield described in Section 4(6)
of this administrative regulation shall not extend to permit
revisions eligible for group processing.
(c) Significant permit revision procedures. These procedures shall
become effective after the classification date for sources that
have filed an application for a permit pursuant to 40 CFR Part 70
or that have permits issued pursuant to 40 CFR Part 70. Revisions
that do not cause the source to have a federally enforceable
permit shall be processed as minor permit revisions pursuant to
paragraphs (a) and (b) of this subsection.
1. Criteria. Significant permit revision procedures shall be
used for applications requesting permit revisions that do
not qualify as minor permit revisions or as administrative
50 035 - 31

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permit amendments. Changes in existing monitoring permit
terms or conditions, and relaxation of reporting or record
keeping permit terms or conditions, shall be considered
significant changes. The permittee may, however, make
changes pursuant to this administrative regulation that
would render existing permit compliance terms arid conditions
not applicable.
2. Significant permit revisions shall meet all the requirements
of this administrative regulation for permit issuance and
renewal, including provisions for applications, public
participation, review by affected states, and review by the
U.S. EPA.
(d) A permit revision shall not be required for a change at a
permitted source if the change is neither addressed nor prohibited
by the permit, unless the change would result in a change in
method of operation or a change in emissions. A change may also
be made without a permit revision if it is authorized by the
permit or is a Section 502(b) (10) change. A source may make the
changes described in this paragraph if:
1. The changes are not modifications pursuant to any provision
of 42 USC 7401-7515 (Title I of the Act) or subject to 42
USC 7651 through 76510 (Title IV of the Act);
2. The changes do not result in emissions which exceed the
emissions allowed by the permit, whether expressed as a rate
of emissions or in terms of total emissions;
3. For each change, the owner or operator notifies the cabinet
and the U.S. EPA, in writing, of the change at least seven
(7) working days before the change is made. The source,
cabinet, and U.S. EPA shall attach a copy of each notice to
their copy of the relevant permit. The written notification
shall include the following:
a. A brief description of the change within the Permitted
facility,
b. The date on which the change will occur,
c. Any change in emissions, and
d. Any permit term or condition that is no longer
applicable as a result of the change.
4. The permit shield described in Section 4(6) of this
administrative regulation shall not apply to any change made
pursuant to this paragraph.
5. The change shall be incorporated into the permit at renewal.
(3) Reopening for cause.
(a) Each issued permit shall include provisions specifying the
conditions for which the permit will be reopened prior to
the expiration of the permit. A permit shall be reopened
and revised under the following circumstances:
1. Additional applicable requirements become applicable
to a source with a remaining permit term of three (3)
or more years. A reopening shall be completed not
later than eighteen (18) months after promulgation of
the applicable requirement. A reopening shall not be
required if compliance with the applicable requirement
50:035 - 32

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is not required until after the date on which the
permit is due to expire, unless the original permit or
any of its terms and conditions have been extended
pursuant to Section 5(7) (b)3. of this administrative
regulation.
2. Additional applicable requirements, including excess
emissions requirements, become applicable to an
affected source in the Acid Rain program. Upon
approval by the U.S. EPA and the cabinet, excess
emissions offset plans shall be incorporated into the
permit;
3. The cabinet or the U.S. EPA determines that the permit
contains a material mistake or that inaccurate
statements were made in establishing the emissions
standards or other terms or conditions of the permit;
or
4. For federally enforceable permits, the cabinet or the
U.S. EPA determines that the permit shall be revised
or revoked to assure compliance with the applicable
requirements or, for state-origin permits, the cabinet
makes a similar determination.
(b) Proceedings to reopen and issue a permit shall follow the
same procedures as apply to initial permit issuance and
shall affect only those parts of the permit for which cause
to reopen exists. Reopenings shall be made as expeditiously
as practicable.
(c) Reopenings in paragraph (a) of this subsection shall not be
initiated before a notice of intent to reopen is provided to
the source by the cabinet at least thirty (30) days in
advance of the date that the permit is to be reopened,
except that the cabinet may provide a shorter time period in
the case of an emergency.
(4) Reopenings for cause by the U.S. EPA. (a) If the U.S. EPA finds that
cause exists to terminate, modify, or revoke and reissue a federally
enforceable permit pursuant to subsection (3) of this section, the U.S.
EPA shall notify the cabinet and the permittee of this finding in
writing.
(b) The cabinet shall, within ninety (90) days after receipt of
notification, forward to the U.S. EPA a proposed determination of
termination, revision, or revocation and reissuance of the permit,
as appropriate. The U.S. EPA may extend this ninety (90) day
period for an additional ninety (90) days if it finds that a new
or revised permit application is necessary or that the cabinet has
required the permittee to submit additional information.
(c) The U.S. EPA shall review the proposed determination from the
cabinet within ninety (90) days of receipt.
(d) The cabinet shall have ninety (90) days from receipt of an
objection by the U.S. EPA to resolve the objection and to
terminate, modify, or revoke and reissue the permit in accordance
with the objection.
Ce) If the cabinet fails to submit a proposed determination pursuant
to paragraph (b) of this subsection or fails to resolve an
objection pursuant to paragraph Cd) of this subsection, the U.S.
50:035 - 33

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EPA shall terminate, modify, or revoke and reissue the permit
after the permittee is notified of the reasons for the action, in
writing. The permittee shall be given thirty (30) days from the
date of the notice to comment on the U.S. EPA’s proposed action
and to request a hearing. This notice may be given during the
procedures in paragraphs (a) through (d) of this subsection.
Section 7. Procedures for Public Participation. These procedures shall apply
only to federally enforceable permits and to state-origin permits that become
federally enforceable as a result of the permit action to be taken.
(1) The cabinet shall provide public notice of the opportunity to comment
for the following permit actions:
(a) Issuance of a draft permit;
(b) Intended denial of a permit application;
Cc) Issuance of a draft significant permit revision;
Cd) Issuance of a draft general permit;
Ce) Issuance of a permit renewal;
(f) Scheduling of a public hearing pursuant to subsection (7) of this
section; and
(2) The cabinet shall provide public notice by prominent advertisement in
the newspaper having the largest general circulation in the area of the
facility applying for the permit. Publication shall include paid
advertisement, legal notice, or other appropriate format, as determined
by the cabinet. The cabinet may provide additional notice to the public
through other methods, including but not limited to newsletters and
press releases.
(3) A copy of the notice required in subsection (2) of this section shall be
sent to the following persons:
(a) The applicant;
(b) For sources subject to 401 KAR 51-017, officials and agencies
having authority over the locations where the source will be
located, as follows:
1. The Administrator of the U.S. EPA through the appropriate
regional office;
2. Local air pollution control agencies;
3. The chief executive of the city and county;
4. Any comprehensive regional land use planning agency; and
5. Any federal land manager or Indian governing body whose land
may be affected by the emissions from the proposed source;
Cc) Affected states; and
Cd) Persons on a mailing list which is maintained and compiled by the
cabinet. This mailing list shall include persons requesting to be
on the list, and persons solicited from participants in past
permit proceedings in the affected area. The cabinet may notify
the public of the opportunity to be on the list through periodic
publication in the public press and in such publications as state
founded newsletters, environmental bulletins, or state law
50:03 - 34

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journals. The cabinet may delete from the list persons who fail
to respond to an inquiry of continued interest in receiving
notice.
(4) Public notice and the notice for those on the mailing list shall include
the following minimum information:
(a) Name and address of the Natural Resources and Environmental
Protection Cabinet, Department of Environmental Protection,
Division for Air Quality;
(b) Name and address of the permit applicant and, if different, the
name and address of the facility or activity regulated by the
permit;
(c) A brief description of the business conducted at the facility or
activity involved in the permit action;
(d) Name, address and telephone number of a person from whom
interested persons may obtain further information, such as:
1. Copies of the draft permit;
2. The application and relevant supporting material, including
permit applications, compliance plans, permits, and
monitoring and compliance certification reports, except for
confidential information; and
3. All other materials available to the cabinet that are
relevant to the permit decision;
(e) A brief description of the comment procedures, including, the
procedures to request a hearing, and the time and place of
hearings scheduled for the permit; and
(f) A description of the emission change involved in any permit
revision, and for sources subject to 401 KAR 51:017, the degree of
increment consumption that is expected from the source or
modification, if applicable.
(5) The cabinet shall make available for public inspection, in at least one
(1) location in each region in which the source is located or would be
constructed, reconstructed, or modified, all nonproprietary information
contained in the permit application, draft permit, and supporting
materials. Public inspection of materials for temporary sources or
general permits may be located at the discretion of the cabinet.
(6) Public comment.
(a) Except for permit revisions qualifying for administrative permit
amendments and minor permit revision procedures, the cabinet shall
provide a minimum of thirty (30) days for public comment on all
permit proceedings, including initial permit issuance, draft
permits, significant permit revisions, and permit renewals. The
comment period shall begin on the date of publication of notice in
the newspaper.
(b) The cabinet shall provide notice and opportunity for participation
by affected states pursuant to Section 8 of this administrative
regulation.
(c) A proposed permit shall not be issued until the public comment
period has ended and the cabinet has prepared a response to the
comments received. Public comments submitted in writing during
the public comment period shall be considered by the cabinet in
50:035 - 35

-------
its decision on the application. No later than ten (10) days
after the close of the public comment period, the applicant may
submit a written response to any comments submitted by the publi
The cabinet shall consider the applicant’s response in making its
final decision. Comments may be submitted in alternate format to
accommodate individuals with disabilities.
(7) Public Hearings.
(a) The cabinet shall provide a public hearing if, on the basis of
written requests received within the public comment period, the
cabinet determines that material issues have been raised
concerning the terms and conditions of a permit. A request shall
not require the extension of the comment period associated with
the notice.
(b) The cabinet may also elect to hold a public hearing if the cabinet
determines that the permit action is of significant public
interest. In these cases, public notice of the hearing may be
combined with the public notice of the draft permit.
(c) The cabinet shall give notice of a public hearing at least thirty
(30) days- in advance of the hearing. In addition to the
information required in subsection (4) of this section, the notice
of public hearing shall contain the following information:
1. Reference to the dates of previous public notices relating
to the permit;
2. Date, time, and place of the hearing; and
3. A brief description of applicable rules and procedures for
the hearing.
Cd) When a public hearing is to be held, the cabinet shall designate
presiding officer for the hearing who shall be responsible for ic’s
scheduling and orderly conduct.
(e) Any person may submit oral or written statements and data
concerning a draft permit. Reasonable limits may be set upon the
time allowed for oral statements, and the submission of statements
in writing may be required. The public comment period required
in subsection (6) of this section shall automatically be extended
to the close of a public hearing held pursuant to this subsection.
The hearing officer may also extend the comment period by so
stating at the hearing.
(f) A tape recording or written transcript of the hearing shall be
made available to the public at a reasonable reproduction cost.
Transcripts are also available, upon request, in large type or in
braille.
(8) Public Record. The cabinet shall keep a record of the commentors and of
the issues raised during the public participation process. These
records shall be made available to the public and to the U.S. EPA.
(9) Petition for EPA objection. A person may petition the U.S. EPA to make
an objection to a proposed permit pursuant to Section 9 (3) (f) of this
administrative regulation.
(10) The following actions shall be exempt from this section:
(a) Permit revisions qualifying for minor permit revision procedures,
including group processing;
(b) Administrative permit amendments; and
50:035 - 36

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Section 8. This section was not approved into the State Implementation Plan
(SIP)
Section 9. This section was not approved into the State Implementation Plan
(SIP)
Section 10.
annually to
copy of the
source.
Emissions Statement Certification. The cabinet shall provide
each source subject to this administrative regulation a written
KyEIS containing the most recent information appropriate to that
(1) Within thirty (30) days of the date this information is mailed, each
source shall provide the cabinet with all information necessary to
determine its actual emissions. Failure of the cabinet to notify a
source pursuant to this subsection shall not relieve the source from the
obligation to submit an emissions statement.
(2) The information shall be accompanied by a statement signed by a
responsible official or by a designated representative, as appropriate,
certifying the accuracy of the information.
(3) Each date past the deadline for submitting information that the source
fails to submit the information shall be a separate violation of this
administrative regulation. If no response is received by the deadline,
the cabinet shall estimate the actual emissions for the source based on
previous actual emissions and on other information considered pertinent
by the cabinet.
Section 11. This section was not approved into the State Implementation Plan
(SIP)
Effective Date: September 28, 1994
Date Submitted
to EPA
Date Approved
by EPA
Original Reg
1st Revision
2nd Revision
3rd Revision
JUN 29, 1979
JUL 07, 1988
SEP 26, 1994
DEC 29, 1994
Federal
Register
DEC
24,
1980
45
FR
84999
JAN
25,
1980
45
FR
6092
JUL
12,
1982
47
FR
30059
FEB
07,
1990
55
FR
4169
MAY
2,
1995
60
FR
21447
SEP
27,
1995
60
FR
49778
50:035 - 37

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401 KAR 50:040. Air quality models.
Cabinet FOR NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION
Bureau of Environmental Protection
Division of Air Pollution
RELATES TO: KRS Chapter 224
PURSUANT TO: KRS 13.082, 224.003
NECESSITY AND FUNCTION: KRS 224.033 requires the Cabinet for Natural Resources
and Environmental Protection to prescribe regulations for the prevention,
abatement, and control of air pollution. This regulation specifies general
provisions for the use of air quality models.
Section 1. Air Quality Models.
(1) All estimates of ambient concentrations required under the regulations
of the Division of Air Pollution shall be based on the applicable air
quality models, data bases, and other requirements specified in the
“Guidelines on Air Quality Models” (OAQPS 1.2-080, U. S. Environmental
Protection Agency, Office of Air Quality Planning and Standards).
(2) Where an air quality impact model specified in the “Guideline on Air
Quality Models” is inappropriate, the model may be modified or another
model substituted subject to the approval of the cabinet.
(3) If the source is subject to 401 KAR 51:015, a substitution or
modification of a model shall be subject to public comment procedures in
accordance with 401 KAR 50:035, Section 3(3), and such substitution or
modification of a model must be approved in writing by the cabinet arid
the U.S. Environmental Protection Agency.
(4) Methods like those outlined in the “Workbook for the Comparison of Aix
Quality Models” (U.S. Environmental Protection Agency, Office of Air
Quality Planning and Standards) shall be used to determine the
comparability of air quality models.
Effective date: June 6, 1979
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 DEC 24, 1980 45 FR 84999
JAN 25, 1980 45 FR 6092
JUL 12, 1982 47 FR 30059
50:040 -

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401 lIAR 50:042. Good engineering practice stack height.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Cabinet for Environmental Protection
Division of Air Pollution
Relates to: KRS 224.320, 224.330, 224.340
Pursuant to: KRS 224.033
Necessity and Function: KRS 224.033 requires the Natural Resources and
Environmental Protection Cabinet to prescribe regulations for the prevention,
abatement and control of air pollution. This regulation defines good
engineering practice stack height which shall be used in establishing
emissions limitations.
Section 1. Applicability. The provisions of this regulation shall apply to
all stacks or al]. dispersion techniques commenced on or after the
classification date defined below, or to those stack heights in existence, or
dispersion techniques implemented before the classification date, where
pollutants are being emitted from such stacks or using such techniques by
stationary sources which were constructed or reconstructed or for which major
modifications were carried out on or after the classification date.
Section 2. Definitions. As used in this regulation, all terms not defined
herein shall have the meaning given them in 401 KAR 50:010, 401 KAR 51:017,or
401 KAR 51:052.
(1) “Emission limitation” and “emission standard” mean requirements
established by the cabinet or the U.S. EPA which limit the quantity,
rate, or concentration of emissions of air pollutants on a continuous
basis, including any requirements which limit the level of opacity,
prescribe equipment, set fuel specifications, or prescribe operation or
maintenance procedures for a source to assure continuous emission
reduction.
(2) “Stack” means any point in a source designed to emit air pollutants into
the atmosphere, including a pipe or duct but not including flares.
(3) “A stack in existence” means that the owner or operator had:
(a) Begun, or caused to begin, a continuous program of physical
on-site construction of a stack; or
(b) Entered into binding agreements or contractual obligations, which
could not be canceled or modified without substantial loss to the
owner or operator, to undertake a program of construction of a
stack to be completed in a reasonable time.
(4) “Dispersion technique” means any technique which attempts to affect the
concentration of a pollutant in the ambient air by:
(a) Using that portion of a stack which exceeds good engineering
practice stack height;
(b) Varying the rate of emission of a pollutant according to
atmospheric conditions or ambient concentrations of that
pollutant; or
(c) Increasing final exhaust gas plume rise by manipulating source
process parameters, exhaust gas parameters, stack parameters, or
combining exhaust gases from several existing stacks into one (1)
stack; or other selective handling of exhaust gas streams so as to
increase the exhaust plume rise, but does not include:
1. The re-heating of a gas stream, following use of a pollution
control system,for the purpose of returning the gas to the
50:042 - 1

-------
temperature at which it was originally discharged from th
facility generating the gas stream;
2. The merging of exhaust gas streams where:
a. The source owner or operator demonstrates that the
facility was originally designed and constructed with
such merged gas streams;
b. After July 8, 1985. such merging is part of a change
in operation at the facility that includes the
installation of pollution controls and is accompanied
by a net reduction in the allowable emissions of a
pollutant. This exclusion from the definition of
“dispersion techniques” shall apply only to the
emission limitation for the pollutant affected by such
change in operation; or
c. Before July 8, 1985, such merging is part of a change
in operation at the facility that included the
installation of emissions control equipment or was
carried out for sound economic or engineering reasons.
Where there was an increase in the emission limitation
or, in the event that no emission limitation was in
existence prior to the merging, an increase in
quantity of pollutants actually emitted prior to the
merging, the cabinet shall presume that merging was
significantly motivated by an intent to gain emissions
credit for greater dispersion. Absent a demonstration
by the source owner or operator that merging was not
significantly motivated by such intent, the cabinet
shall deny credit for the effects of such merging in
calculating the allowable emissions for the source;
3. Smoke management in agricultural or silvicultural prescribe
burning programs;
4. Episodic restrictions on residential wood burning and open
burning: or
5. Techniques which increase final exhaust gas plume rise by
manipulating source process parameters, exhaust gas
parameters, stack parameters, or combining e thaust gases
from several existing stacks into one (1) stack; or other
selective handling of exhaust gas streams so as to increase
the exhaust gas plume rise where the resulting allowable
emissions of sulfur dioxide from the facility do not exceed
5,000 tons per year.
(5) “Good engineering practice (GEP) stack height” means the greater of:
(a) Sixty-five (65) meters, measured from the ground- level elevation
at the base of the stack;
(b) 1. For stacks in existence on January 12, 1979, and for which
the owner or operator had obtained all applicable
preconstruction permits or approvals required under the
regulations of the Division of Air Pollution, good
engineering practice stack height is two and five-tenths
(2.5) multiplied by the height of nearby structure(s)
measured from the ground-level elevation at the base of the
stack (Hg = 2.5H), provided the owner or operator produces
evidence that this equation was actually relied on in
establishing an emission limit;
50:042 - 2

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2. For all other stacks, good engineering practice stack height
shall be determined by the following equation, provided that
the cabinet or the U.S. EPA may require the use of a field
study or fluid model to verify GEP stack height for the
source:
Hg = H + L5L
where:
H = GEP stack height measured from the ground-level
elevation at the base of the stack.
H = height of nearby structure(s) measured from the
ground-level elevation at the base of the stack.
L = lesser dimension (height or projected width) of
nearby structure(s); or
Cc) 1. The height demonstrated by a fluid model or a field study
approved by the cabinet or the U.S. EPA, which ensures that
the emissions from a stack do not result in excessive
concentrations of any air pollutant as a result of
atmospheric downwash, wakes, or eddy effects created by the
source itself, nearby structures, or nearby terrain
features.
2. The fluid model study shall be conducted in accordance with
guidelines published by the U.S. EPA in “Guidelines for Use
of Fluid Modeling to Determine Good Engineering Practice
Stack Height,” July 1981, U.S. EPA Office of Air Quality
Planning and Standards, EPA-450/4-81-003; and “Guideline for
Fluid Modeling of atmospheric Diffusion,” April 1981, U.S.
EPA Environmental Sciences Research Laboratory,
EPA-600/8-81-009. filed by reference in 401 KAR 50:015.
(6) “Nearby” as used in subsection (5) of this section is defined for a
specific structure or terrain feature; and means:
(a) For purposes of applying the equations provided in subsection
(5) (b) of this section, that distance up to five (5) times the
lesser of the height or the width dimension of a structure, but
not greater than eight-tenths (0.8) km (five- tenths(0.5) mile);
and
(b) For conducting demonstrations under subsection (5) (C) of this
section, not greater than eight-tenths (0.8) km (five- tenths
(0.5) mile) except that the portion of a terrain feature may be
considered to be nearby if it falls within a distance of up to ten
(10) times the maximum height (H ) of the feature, not to exceed
two (2) miles if such feature achieves a height (H , ) eight-tenths
(0.8) km from the stack that is at least forty (40) percent of the
GEP stack height determined by the equations provided in
subsection (5) (b)2 of this section or twenty-six (26) meters,
whichever is greater, as measured from the ground-level elevation
at the base of the stack. The height of the structure or terrain
feature is measured from the ground-level elevation at the base of
the stack.
(7) “Excessive concentration” is defined for the purpose of determining good
engineering practice stack height under subsection (5) Cc) of this
section and means:
(a) For sources seeking credit for stack height exceeding that
established under subsection (5) (b) of this section, a maximum
ground-level concentration due to emissions from a stack due in
50:042 - 3

-------
whole or in part to downwash, wakes, and eddy effects produced by
nearby structures or nearby terrain features which individually is
at least forty (40) percent in excess of the maximum concentration
experienced in the absence of such downwash, wakes, or eddy
effects and which contributes to a total concentration due to
emissions from all sources that is greater than an ambient air
quality standard. For sources subject to 401 KAR 51:017, an
excessive concentration alternatively means a maximum ground-level
concentration due to emissions from a stack due in whole or in
part to downwash, wakes, or eddy effects produced by nearby
structures or nearby terrain features which individually is at
least forty (40) percent in excess of the maximum concentration
experienced in the absence of such downwash, wakes, or eddy
effects and greater than a prevention of significant
deterioration increment. The allowable emission rate to be used
in making demonstrations under subsections (5) (c) of this section
shall be prescribed by the new source performance standard that is
applicable to the source category unless the owner or operator
demonstrates that this emission rate is infeasible. Where such
demonstrations are approved by the cabinet, an alternative
emission rate shall be established in consultation with the source
owner or operator;
(b) For sources seeking credit after October 11, 1983, for increases
in existing stack heights up to the heights established under
subsection (5) (b) of this section; either:
1. A maximum ground-level concentration due in whole or in part
to dowowash, wakes, or eddy effects as provided in paragraph
(a) of this subsection, except that the emission rate
specified by any applicable State Implementation Plan (or,
in the absence of such a limit, the actual emission rate)
shall be used; or
2. The actual presence of a local nuisance caused by the
existing stack as determined by the cabinet.
(c) For sources seeking credit after January 12, 1979, for a stack
height determined under subsection (5) (b) of this section where
the cabinet requires the use of a field study or fluid model to
verify GEP stack height, for sources seeking stack height credit
after November 9, 1984, based on the aerodynamic influence of
cooling towers, and for sources seeking stack height credit after
December 31, 1970, based on the aerodynamic influence of
structures not adequately represented by the equations in
subsections (5) (b) of this section, a maximum ground-level
concentration due in whole or in part to downwash, wakes, or eddy
effects that is at least forty (40) percent iii excess of the
maximum concentration experienced in the absences of such
downwash, wakes, or eddy effects.
(8) “Classification date” means January 1, 1971.
Section 3. Emissions limitations. No stack height in excess of GEP height,
nor any other dispersion techniques, shall be used to determine the emissions
limitations required for control of any air pollutant regulated by the cabinet
or the U.S. EPA. This regulation does not in any manner restrict the actual
physical stack height of any source.
Section 4. Public Notice. Before submitting to the U.S. EPA a new or revised
emission limitation that is based on GEP stack height that exceeds the stack
height allowed by Section 2(5) (a) or (b) of this regulation, the cabinet shall
50:042 - 4

-------
notify the public of the availability of the demonstration study and shall
provide opportunity for public hearing on it.
Effective Date: June 10. 1986
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg: JUL 15. 1986 SEP 04, 1987 52 FR 33593
50:042 - 5

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403. KAR 50:045. Performance tests.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Bureau of Environmental Protection
Division of Air Pollution
Relates to: KRS Chapter 224
Pursuant to: KRS 13.082, 224.033
Necessity and Function: KRS 224.033 requires the Cabinet for Natural Resources
and Environmental Protection to prescribe regulations for the prevention,
abatement, and control of air pollution. This regulation establishes
requirements for performance tests.
Section 1. The cabinet may require the owner or operator of any affected
facility to sample emissions in accordance with such methods as the cabinet
shall prescribe. All tests shall be made under the direction of persons
qualified by training and/or experience in the field of air pollution.
Section 2. The cabinet may conduct tests of emissions of air contaminants
from any source.
Section 3. Test methods and exceptions.
(1) Performance tests required hereunder or by any other regulation of the
Division of Air Pollution for affected facilities which are subject to a
standard of performance promulgated under 40 CFR 60 or 40 CFR 61, filed
by reference in 401 KAR 50:015, shall be conducted, and data shall be
reduced, in accordance with the reference methods and procedures
contained in each applicable regulation unless:
(a) The cabinet specifies or approves the use of a reference method
with minor changes in methodology;
(b) The cabinet and the U.S. Environmental Protection Agency approve
the use of an equivalent method;
(c) The cabinet and the U.S. Environmental Protection Agency approve
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
(d) The cabinet and the U.S. Environmental Protection Agency waive the
requirement for performance test for affected facilities for which
a standard of performance has been promulgated under 40 CFR 60 or
40 CFR 61 because the owner or operator of such affected facility
has demonstrated to the cabinet’s and the U.S. Environmental
Protection Agency’s satisfaction that the affected facility is in
compliance with the applicable standard.
(2) Performance tests required hereunder or by any other regulation of the
division of Air Pollution for affected facilities which are not subject
to a standard of performance promulgated under 40 CFR 60 or 40 CFR 61
shall be conducted, and data shall be reduced, in accordance with the
methods and procedures contained in each applicable regulation unless:
(a) the cabinet specifies or approves minor changes in methodology;
(b) the cabinet specifies or approves the use of some other method the
results of which it has determined to be adequate for indicating
whether a specific source is in compliance: or
(c) The cabinet waives the requirement for performance tests because
the owner or operator of the affected facility has demonstrated to
50:045 - 1.

-------
the cabinet’s satisfaction that:
1. The affected facility is in compliance with the applicable
standard; or
2. In the case of an existing affected facility, the test
cannot be performed by a source due to physical plant
limitations or extreme economic burden. The burden of proof
for an alleged “economic burden” is to be borne by the
source.
Section 4. The owner or operator shall permit the cabinet 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 cabinet
may specify based on representative performance of the affected facility, and
shall make available to the cabinet such records as may be necessary to
determine such performance.
Section 5. The owner or operator of an affected facility shall provide the
cabinet ten (10) working days prior notice of the performance test to afford
the cabinet the opportunity to have an observer present.
Section 6. 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;
(2) safe sampling platform(s).
(3) safe access to sampling platform(s).
(4) Utilities for sampling and testing equipment.
Section 7. 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 regulation. 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 cabinet’s approval, be determined using the arithmetic mean of the
results of the two (2) other runs.
Effective date: June 6, 1979
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 DEC 24, 1980 45 FR 84999
JAN 25, 1980 45 FR 6092
JUL 12. 1982 47 FR 30059
50:045 - 2

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401 KAR 50:047. Test procedures for capture efficiency.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
RELATES TO: KRS 224.20-100, 224.20-110, 224.20-120, 42 USC 7401 et. seq., 42
USC 7408, 42 USC 7410
STATUTORY AUTHORITY: KRS 224.10-100
NECESSITY AND FUNCTION: KRS 224.10-100 requires the Natural Resources and
Environmental Protection Cabinet to prescribe regulations for the prevention,
abatement, and control of air pollution. 42 USC 7410 likewise requires the
state to implement standards for national primary and secondary ambient air
quality. This regulation provides capture efficiency test procedures for
volatile organic compounds.
Section 1. Definitions. As used in this regulation, all terms not defined in
this section shall have the meaning given them in 401 KAR 50:010.
(1) “Capture” means the containment or recovery of emissions from a process
for direction into a duct which may be exhausted through a stack or sent
to a control device.
(2) “Capture system” means all equipment (including, but not limited to,
hoods, ducts, fans, booths, ovens, dryers, etc.) that contains,
collects, and transports an air pollutant to a control device.
(3) “Capture efficiency” means the weight per unit time of volatile organic
compounds (VOCs) entering a capture system and delivered to a control
device divided by the weight per unit time of total VOCs generated by a
source of VOCs, expressed as a percentage.
(4) “Capture efficiency protocol” means a method for determining capture
efficiency.
(5) “Control device” means equipment such as an incinerator or carbon
adsorber used to reduce, by destruction or removal, the amount of air
pollutants in an air stream prior to discharge to the ambient air.
(6) “Control system” means a combination of one (1) or more capture system
and control devices working in concert to reduce discharges of
pollutants to the ambient air.
(7) “Hood” means a partial enclosure or canopy for capturing and exhausting,
by means of a draft, the organic vapors or other fumes rising from a
coating process or other source.
Section 2. Applicability. This regulation shall apply to all regulated VOC
emitting processes employing a control system which are located in an ozone
nonattainment area except marginal.
Section 3. Testing Protocols.
(1) If a determination of capture efficiency is required in order to comply
with an administrative regulation in 401 KAR Chapters 50 through 63, the
owner or operator of an affected facility shall submit a proposed
capture efficiency protocol to the cabinet.
(2) The cabinet shall approve the use of a proposed capture efficiency
protocol if it determines that the proposed capture efficiency protocol
accurately describes the capture efficiency that will be achieved at the
affected facility.
(3) The cabinet shall not approve a proposed capture efficiency protocol
that violates a protocol mandated by the U.S. EPA.
Effective Date: June 24, 1992
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg OCT 20, 1992 JUN 23, 1994 59 FR 32343
50:047 -

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401 KAR 50:050. Monitoring.
Cabinet FOR NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION
Bureau of Environmental Protection
Division of Air Pollution
Relates to: KRS Chapter 224
Pursuant to: KRS 13.082, 224.033
Necessity and Function: KRS 224.033 requires the Cabinet for Natural resources
and Environmental Protection to prescribe regulations for the prevention,
abatement, and control of air pollution. This regulation establishes
requirements for stack gas monitoring, ambient air monitoring, and recording
and reporting requirements as related to monitoring data.
Section 1. Monitoring, Records, and Reporting. The cabinet 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 cabinet shall prescribe, establish and maintain records of same and make
periodic emission reports at intervals prescribed by the cabinet.
Requirements for specific affected facilities are contained in applicable
regulations.
Section 2. Ambient Air Monitoring. Persons owning or operating any affected
facility for which a standard is prescribed in the regulations of the
Division of Air Pollution when required by the cabinet shall install, use, and
maintain ambient air monitoring equipment in accordance with the provisions of
401 KAR 53:010, Section 2, and shall make periodic ambient air monitoring
reports at intervals prescribed by the cabinet.
Effective Date: June 6, 1979
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 DEC 24, 1980 45 FR 84999
JAN 25, 1980 45 FR 6092
JUL 12, 1982 47 FR 30059
50:050 - 1

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401 KAR 50:055. General compliance requirements.
Cabinet FOR NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION
Bureau of Environmental Protection
Division of Air Pollution
Relates to: KRS Chapter 224
Pursuant to: KRS 13.082, 224.033
Necessity and Function: KRS 224.033 requires the Cabinet for Natural Resources
and Environmental Protection to prescribe regulations for the prevention,
abatement, and control of air pollution. This regulation establishes
requirements for compliance during shutdown and malfunctions; establishes
requirements for demonstrating compliance with standards; establishes
requirements for compliance when a source is relocated within the Commonwealth
of Kentucky; and other general compliance requirements.
Section 1. Emissions during Shutdown and Malfunction.
(1) Emissions which, due to shutdown or malfunctions, temporarily exceed the
standard set forth by the cabinet shall be deemed in violation of such
standards unless the requirements of this section are satisfied and the
determinations specified in subsection (4) of this section are made.
(2) When emissions during any planned shutdown and ensuing startup will
exceed the standards, the owner or operator of the source shall notify
the director or his designee no later than three (3) days before the
planned shutdown. However, if the shutdown is necessitated by events
which the owner or operator could not reasonable have foreseen three (3)
days before the shutdown, then such notification shall be given
immediately following the decision to shutdown. The notice shall be in
writing and shall specify the name of the air contaminant source, its
location, the address and telephone number of the person responsible f
the source, the reasons for and duration of the proposed shutdown, the
date and time for the action, the physical and chemical composition,
rate and concentration of the emissions during such shutdown and ensuing
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 malfunctions, unplanned shutdowns or ensuing
start-ups are or may be in excess of the standards, the owner or
operator shall notify the director by telephone as promptly as possible,
and shall cause written notice when requested by the director to be sent
to the director. Such notice shall specify the name of the source, its
location, the address and telephone number of the person responsible for
the source, the nature and cause of the malfunctions, or unplanned
shutdown, the date and time when the malfunction was first observed, the
expected duration, the nature of the action to be taken to correct the
malfunction, and an estimate of the physical and chemical composition,
rate and concentration of the emission.
(4) A source shall be relieved from compliance with the standards set forth
by the cabinet if the director determines, upon a showing by the owner
or operator of the source, that:
(a) The malfunction or shutdown and ensuing startup did not result
from the failure by the owner or operator of the source to operate
and maintain properly the equipment;
(b) All reasonable steps were taken to correct, as expeditiously as
practicable, the conditions causing the emissions to exceed the
standards, including the use of off shift labor and overtime if
necessary;
50:055 -

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(c) All reasonable steps were taken to minimize the emissions and
their effect on air quality resulting from the occurrence.
(d) The excess emissions are not part of a recurring pattern
indicative of inadequate design 1 operation, or maintenance; and
(e) The malfunction or shutdown and ensuing startup was not caused
entirely or in part by poor maintenance, careless operation or any
other preventable upset conditions or equipment breakdown.
(5) The director shall notify the owner or operator of the source of the
determination made under this section no later than sixty (60) days
after the date that all information required by this section has been
submitted.
Section 2. Compliance with Standards and Maintenance Requirements.
(1) An owner or operator of any affected facility subject to any standard
within the regulations of the Division of Air Pollution shall:
(a) in the case of a new source, demonstrate compliance with the
applicable standard(s) 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;
(b) in the case of an existing source, demonstrate compliance with the
applicable standard before or on the date that final compliance is
required by the applicable compliance schedule unless otherwise
specified by regulation; and
(C) Maintain the affected facility in compliance with all applicable
standards at all times subsequent to the date that compliance is
demonstrated.
(2) Compliance with standards iii the regulations of the Division of Air
Pollution shall be demonstrated as follows:
(a) By performance tests as specified in the applicable regulation and
according to the requirements and exceptions provided in 401 KAR
50:045.
(b) By methods other than performance tests as provided for by the
applicable regulation.
(c) By methods acceptable to the cabinet if the applicable regulation
does not specify a performance test or other method of determining
compliance.
(3) Compliance with opacity standards in the regulations of the Division of
Air Pollution shall be determined by Method 9 of Appendix A of 40 CFR
60, filed by reference in 401 KAR 50:015, except as may be provided for
by regulation for a specific category of sources. 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 transmissionmeter
which indicate that the opacity at the time visual observations 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 cabinet, 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.
50:055 . 2

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(4) The opacity standards set forth in this regulation shall apply at all
times except during periods of startup, shutdown, and as otherwise
provided in the applicable standard.
(5) At all times, including periods of startup, shutdown, and malfunction,
owners and operators 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 cabinet which may include, but is not
limited to, monitoring results, opacity observations, review of
operating and maintenance procedures, and inspection of the source.
(6) Adjustment of opacity standards for emissions from a stack or control
device:
(a) An owner or operator of an affected facility may request the
cabinet to determine opacity of emissions from the affected
facility during the initial performance tests. Fugitive emissions
are not subject to the provisions of this subsection.
(b) Upon receipt from such owner or operator of the written report of
the results of the performance tests, the cabinet will make a
finding concerning compliance with opacity and other applicable
standards. If the cabinet finds that an affected facility is in
compliance with all applicable standards for which performance
tests are conducted, but during the time such performance tests
are being conducted fails to meet any applicable opacity standard,
the cabinet shall notify the owner or operator and advise him that
he may petition the cabinet within ten (10) days of receipt of
notification to make appropriate adjustment to the opacity
standard for the affected facility.
(C) The cabinet will grant such a petition upon a demonstration by th
owner or operator that the affected facility and associated air
pollution control equipment were 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 cabinet; and that the affected
facility and associated air pollution control equipment were
incapable of being adjusted or operated to meet the applicable
opacity standard.
(d) The cabinet will establish an opacity standard for the affected
facility meeting the above requirements 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.
Section 3. Shutdown and Relocation.
(1) Any affected facility commencing operations after a shutdown for six (6)
months shall demonstrate compliance with the applicable standard(s)
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 commencing operations.
(2) Any source located within the Commonwealth of Kentucky and moved to
another location involving a change of address shall be subject to
applicable regulations at the new location or to regulations which were
applicable at the original location, whichever is more stringent.
50 5 - 3

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Section 4. Circumvention. No owner or operator subject to the provisions of
the regulations of the Division of Air Pollution 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.
Section 5. Prohibition of Air Pollution. No person shall permit or cause air
pollution as defined in 401 KAR 50:010 in violation of regulations promulgated
by the cabinet.
Effective date: September 22, 1982
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 SEP 18, 1980 45 FR 62163
DEC 24, 1980 45 FR 84999
1st Revision DEC 9, 1982 DEC 04, 1986 51 FR 43472
54 FR 19169
50:055 - 4

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APPENDIX A TO 401 KAR 50:055
Determination of source allowable emission rate
N
F= E
i=l
Where:
F = source allowable emission rate in pounds per hour of a particular
pollutant.
= allowable emission rate contained in applicable standard of
performance for the ith process or affected facility in pounds of
that pollutant per hour at rated capacity.
N = total number of processes, operations, or affected facilities for
which individual emission limitations apply pursuant to Title 401,
Chapters 59 and 61 for the same or comparable pollutant.
THIS IS THE FEDERALLY APPROVED REGULATION AS OF DECEMBER 24, 1980
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Req JUN 29, 1979 DEC 24, 1980 45 FR 84999
50:0 5 - 5

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401 KAR 50:060. Enforcement.
Cabinet FOR NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION
Bureau of Environmental Protection
Division of Air Pollution
Relates to: KRS 224.033(5). (18), (19), (22), (23). (26), 224.081, 224.083,
224. 330.
Pursuant to: KRS 13.082, 224.033
Necessity and Function: KRS 224.033 requires the Cabinet for Natural Resources
and Environmental Protection tc prescribe regulations for the prevention,
abatement and control of air pollution. This regulation provides for
enforcement of the terms and conditions of permits and compliance schedules.
Section 1. Permits and compliance schedules subject to conditions. Permits
and compliance schedules issued under these regulations shall be subject to
such terms and conditions set forth in the permit or compliance schedule as
the cabinet may deem necessary to insure compliance with all applicable
standards. Such terms and conditions may include, but shall not be limited
to, the maintenance and production for inspection of records relating to
operation which may cause or contribute to air pollution including periodic
source or stack sampling, or periodic ambient air monitoring.
Section 2. Permit Revocation. The cabinet may revoke any permit issued under
these regulations if the permittee:
(1) willfully makes material misstatements in the permit application or any
amendments thereto;
(2) Fails to comply with the terms or conditions of the permit;
(3) Fails to comply with any emission standards applicable to an affected
facility included in the permit;
(4) Causes emissions from the source which result in violations of. or
interfere with the attainment and maintenance of, any ambient air
quality standards contained in Title 401, Chapter 53, of these
regulations or result in an exceedance of any allowable increase over
baseline concentrations contained in Title 401, Chapter 51, of these
regulations;
(5) Fails to report construction, modification, alteration, or
reconstruction of an affected facility.
Section 3. Compliance Schedule Revocation. The cabinet may revoke a
compliance schedule issued under these regulations if the owner or operator of
the source or any other person acting on his behalf:
(1) willfully makes material misstatements in the application for the
compliance schedule or in any communications relied upon by the cabinet
in issuing the compliance schedule;
(2) Fails to comply with the terms and conditions of the compliance
schedule, including but not limited to any increment dates and any
interim emission standards:
(3) Fails to report construction, modification, alteration or reconstruction
of the affected facilities.
50:060 . 1

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Section 4. Suspensions, modifications, violation of regulations subject to
penalties.
(1) The grounds for revocation of permits and compliance schedules listed in
Sections 2 and 3 are declared to be violations of these regulations and
are subject to the penalties and all other relief contained in KRS
224.994.
(2) The cabinet may order appropriate modifications to any permit or
compliance schedule whenever it appears that the conditions of the
permit or compliance schedule will not be sufficient to meet all of the
standards and requirements contained in these regulations, including but
not limited to Title 401, Chapters 51, 57, 59 and 61.
(3) The cabinet may suspend under such conditions and for such period of
time as the cabinet may prescribe any permit or compliance schedule for
any of the grounds for revocation contained in Sections 2 and 3 or for
any other violations of these regulations.
Section 5. Administrative Hearing Procedures.
(1) Whenever the cabinet has reason to believe that a violation of any of
the provisions of KRS Chapter 224 or these regulations has occurred it
shall issue and serve upon the person complained against a written
notice of the provision of KRS Chapter 224 or the rule or regulation
alleged to have been violated and the facts alleged to constitute the
violation thereof and shall require the person so complained against to
answer the charges set out in the notice at a hearing before the
cabinet. Nothing herein shall prevent the cabinet from seeking all
appropriate relief in circuit court.
(2) Any person not previously heard in connection with the issuance of any
order or the making of any determination, including but not limited to
the issuance, denial, modification, or revocation of any permit, by
which he considers himself aggrieved may file with the cabinet a
petition alleging that such order or determination is contrary to law or
fact and is injurious to him, alleging the grounds and reasons therefor,
and demand a hearing. Unless the cabinet considers that the petition is
frivolous, it shall serve written notice of the petition on each person
named therein and shall schedule a hearing before the cabinet. The
right to demand such a hearing shall be limited to a period of thirty
(30) days after the petitioner has had actual notice of the order or
determination, or could reasonably have had such notice.
(3) The cabinet shall schedule a hearing before the cabinet not less than
twenty-one(21) days after notice of such a hearing is served upon the
parties, unless the person complained against waives in writing the
twenty-one (21) day period. The notice of hearing shall include a
statement of the time, place, and nature of the hearing; the legal
authority for the hearing; reference to the statutes and regulations
involved; and a short statement of the reason for the granting of the
hearing.
(4) Prior to the formal hearing, and upon seven (7) days written notice to
all parties, delivered personally or by certified mail, return receipt
requested, the hearing officer may hold a pre- hearing conference to
consider simplification of the issues, admissions of fact and documents
which will avoid unnecessary proof, limitations of the number of
witnesses and such other matters as will aid in the disposition of the
matter. Disposition of the matter may be made at the pre-hearing
conference by stipulation, agreed settlement, consent order, or default
50060 - 2

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for non-appearance.
(5) (a) Any party to a hearing may be represented by counsel, may make
oral or written argument, offer testimony, cross-examine
witnesses, or take any combination of such actions. A hearing
officer shall preside at the hearing, shall keep order, and shall
conduct the hearing in accordance with reasonable administrative
practice.
(b) Irrelevant, immaterial, or unduly repetitious evidence shall be
excluded. When necessary to ascertain facts not reasonably
susceptible of proof under judicial rules of evidence, evidence
not admissible thereunder may be admitted (except where precluded
by statute) if it is of a type commonly relied upon by reasonably
prudent men in the conduct of their own affairs. Hearing officers
shall give effect to the rules of privilege recognized by law.
Objections to evidentiary offers may be made and shall be noted in
the record. Subject to these requirements, when a hearing will be
expedited and the interests of the parties will not be prejudiced
substantially, any part of the evidence may be received in written
form. Documentary evidence may be received in the form of copies
or excerpts, if the original is not readily available. Upon
request, parties shall be given an opportunity to compare the copy
with the original. A party may conduct cross-examinations
required for a full and true disclosure of the facts. Notice may
be taken of generally recognized technical or scientific facts
within the cabinet’s specialized knowledge. Parties shall be
notified either before or during the hearing, or by reference in
preliminary reports or otherwise, of the material noticed,
including any staff memoranda or data and they shall be afforded
an opportunity to contest the material so noticed. The cabinet’s
experience, technical competence, and specialized knowledge may be
utilized in the evaluation of the evidence.
(c) It will be within the hearing officer’s discretion to require
transcripts or to set up other procedures for taking evidence,
including but not limited to the use of mechanical recording
devices for recording the testimony. The record of such hearing,
consisting of all pleadings, motions, rulings, documentary and
physical evidence received or considered, a statement of matters
officially noticed, questions and offers of proof, objections and
rulings thereon, proposed findings and recommended order and legal
briefs, shall be open to public inspection and copies thereof
shall be made available to any person upon payment of the actual
cost of reproducing the original except as provided in KRS
224.035. The cabinet may case the mechanical recording of the
testimony to be transcribed. When certified as true and correct
copy of the testimony by the hearing officer, the transcript shall
constitute the official transcript of the evidence.
(d) The hearing officer shall within thirty (30) days of the closing
of the hearing record make a report and a recommended order to the
secretary. The order shall contain the appropriate findings of
fact and conclusions of law. If the secretary finds upon written
request of the hearing officer that additional time is needed,
then the secretary may grant a reasonable extension. The hearing
officer shall serve a copy of his report and recommended order
upon all parties. The parties may file within exceptions to the
recommended order. The secretary shall consider the report and
recommended order and exceptions. The secretary may remand to the
hearing officer the matter for further deliberation, adopt the
opinion of the hearing officer as the cabinet’s or issue his own
written order based on the report and recommended order. The
50:060 - 3

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secretary shall act within twenty (20) days of the deadline for
filing exceptions, unless extensions of time have been granted t
the hearing officer, pursuant to paragraph (e) of this subsectiori-
(e) After completion of the hearing and filing of exceptions, the
cabinet shall notify the parties in writing, certified mail,
return receipt requested, of the final decision of the cabinet.
If any extension of time is granted by the secretary for a hearing
officer to complete his report, the cabinet shall notify all
parties at the time of the granting of the extension. Parties
shall have seven (7) days to file exceptions to the report and
recommended order if such an extension is granted.
(f) The secretary shall not grant extensions of time to the hearing
officer for more than thirty (30) days for any one (1) extension,
and no more than two (2) such extensions shall be granted.
(g) A final order of the cabinet shall be based on the preponderance
of the evidence appearing in the record as a whole and shall set
forth the decision of the cabinet and the facts and law upon which
the decision is based.
(h) There shall be no ex-parte communications between a hearing
officer and parties to the action.
(i) Any person aggrieved by a final order of the cabinet may have
recourse to the courts as set forth in KRS -224.085.
Effective date: June 6, 1979
Date Submitted Date Approved Federal
to EPA by EPA Register
or{ginal Reg JUN 29, 1979 DEC 24, 1980 45 FR 84999
JAN 25, 1980 45 FR 6092
JUL 12, 1982 47 FR 30059
O:060 - 4

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401 KAR 50:065. Conformity of general federal actions.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
RELATES TO: KRS 224.10-100, 224.20-100, 224.20-110; 42 U.S.C. 7401 to 7671p;
40 CFR 51.850 to 51.860
STATUTORY AUTHORITY: KRS 224.10-100, 224.20-100, 224.20-110: 42 U.S.C.
7506(c); 40 CFR 51.850 to 51.860
NECESSITY AND FUNCTION: KRS 224.10-100 requires the Natural Resources and
Environmental Protection Cabinet to prescribe regulations for the prevention,
abatement, and control of air pollution. The federal regulation incorporated
by reference in this administrative regulation provides for determining the
conformity of general federal actions to the State Implementation Plan (SIP).
40 CFR 51.850 to 51.860 require that the applicable federal agencies implement
the conformity determination in consultation with agencies of the Commonwealth
of Kentucky.
Section 1. Definitions. As used in 40 CFR 51.850 to 51.860, the following
terms shall be defined as provided in this section.
(1) “Local air quality agency” means an air pollution control district
created pursuant to KRS Chapters 77 and 224.
(2) “State air quality agency” means the Natural Resources and
Environmental Protection Cabinet.
Section 2.
(1) 40 CFR 51.850 to 51.860, (40 CFR 51. Subpart W), Determining
Conformity of General Federal Actions to State or Federal
Implementation Plans, as published in the Federal Register, 58 FR
63247, November 30, 1993, is incorporated by reference.
(2) The material incorporated by reference may be obtained, inspected,
or copied at the following offices of the Division for Air
Quality, Monday through Friday, 8:00 a.m. to 4:30 p.m.:
(a) The Division for Air Quality, 803 Schenkel Lane, Frankfort,
Kentucky, 40601-1403, (502) 573-3382;
(b) Ashland Regional Office, 3700 Thirteenth Street, Ashland,
Kentucky, 41105-1507, (606) 920-2067;
(c) Bowling Green Regional Office, 1508 Westen Avenue, Bowling
Green, Kentucky, 42104, (502) 746-7475;
(d) Florence Regional Office, 7964 Kentucky Drive, Suite 8,
Florence, Kentucky, 41042, (606) 292-6411;
(e) Hazard Regional Office, 233 Birch Street, Hazard, Kentucky,
41701, (606) 439-2391;
(f) London Regional Office, 85 State Police Road, Regional State
Office Building, Room 345, London, Kentucky, 40741-9008,
(606) 878-0157;
(g) Owensboro Regional Office. 3032 Alvey Park Drive W., Suite
700, Owensboro, Kentucky, 42303, (502) 686-3304; and
(h) Paducah Regional Office, 4500 Clarks River Road, Paducah,
Kentucky, 42003. (502) 898-8468.
50:065 - 1

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(3) Copies of the Code of Federal Regulations (CFR) are available fo 4
sale from the Superintendent of Documents, U.S. Government
Printing Office, Washington, D.C. 20402.
Effective date: October 11, 1995
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Req NOV 10, 1995 JUL 27, 1988 63 FR 40044
50:065 - 2

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401 KAR 51:001. Definitions and abbreviations of terms used in Title 401,
Chapter 51.
RELATES TO: KRS 224.01-010, 224.20-100, 224.20-110, 224.20-120; 40 CFR Chapter
I; Appendices A through K to 40 CFR 50; 40 CFR 51.100(s); 40 CFR 53; 40 CFR
60; Appendices A and B to 40 CFR 60; Appendix B to 40 CFR 61; 42 Usc 7410; 42
Usc 741 1 (a) (8)
STATUTORY AUTHORITY: KRS 224.10-100
NECESSITY AND FUNCTION: KRS 224. 10-100 requires the Natural Resources and
Environmental Protection Cabinet to prescribe regulations for the prevention,
abatement, and control of air pollution. This administrative regulation
provides for the defining of terms used in Title 401, Chapter 51.
Section 1. General definitions. As used in the Division for Air Quality
administrative regulations of Title 401, Chapter 51, unless the content
clearly indicates otherwise in a specific administrative regulation, the
following terms shall have the following meanings:
(1) “Affected facility” means an apparatus, building, operation, road, or
other entity or series of entities which emits or may emit an air
contaminant into the outdoor atmosphere.
(2) “Air contaminant” has the meaning given it in KRS 224.01-010.
(3) “Air pollutant” means an air contaminant.
(4) “Air pollution” has the meaning given it in KRS 224.01-010.
(5) “Air pollution control equipment” means a mechanism, device or
contrivance used to control or prevent air pollution, which is not,
aside from air pollution control laws and regulations, vital to
production of the normal product of the source or to its normal
operation.
(6) “Alteration” means:
(a) The installation or replacement of air pollution control equipment
at a source;
(b) A physical change in or change in the method of operation of an
affected facility which increases the potential to emit of a
pollutant (to which a standard applies) emitted by the facility or
which results in the emission of an air pollutant (to which a
standard applies) not previously emitted.
(7) “Alternative method” means a method of sampling and analyzing for an air
pollutant which is not a reference or equivalent method but which has
been demonstrated to the cabinet’s and the U.S. EPA’s satisfaction to,
in specific cases, produce results adequate for its determination of
compliance.
(8) “Ambient air” means that portion of the atmosphere, external to
buildings, to which the general public has access.
(9) “Ambient air quality standard” means a numerical expression of a
specified concentration level for a particular air contaminant and the
time averaging interval over which that concentration level is measured
and is a goal to be achieved in a stated time through the application of
appropriate preventive or control measures.
(10) “Cabinet” has the meaning given it in KRS 224.01-010.
(11) “Capital expenditure” means an expenditure for a physical or operational
change to an affected facility which exceeds the product of the
51.001 - 1

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applicable “annual asset guideline repair allowance percentage”
specified in the Internal Revenue Service (IRS) Publication 534 which
has been incorporated by reference in 401 KAR 50:010, and the affected
facility’s basis, as defined by section 1012 of the Internal Revenue
Code which has been incorporated by reference in 401 KAR 50:010.
However, the total expenditure for a physical or operational change to
an affected facility shall not be reduced by any “excluded additions” as
defined in IRS Publication 534, as would be done for tax purposes.
(12) “Commence” means that an owner or operator has undertaken a continuous
program of construction, modification, or reconstruction of an affected
facility, or that an owner or operator has entered into a contractual
obligation to undertake and complete, within a reasonable time, a
continuous program of construction, modification, or reconstruction of
an affected facility.
(13) “Compliance schedule” means a time schedule of remedial measures
including an enforceable sequence of actions or operations leading to
compliance with a limitation or standard.
(14) “Construction” means fabrication, erection, installation or modification
of an air contaminant source.
(15) “Continuous monitoring system” means the total equipment, required under
the applicable regulations used to sample, to condition (if applicable),
to analyze and to provide a permanent record of emissions or process
parameters.
(16) “Director” means Director of the Division for Air Quality of the Natural
Resources and Environmental Protection Cabinet.
(17) “District” has the meaning given it in KRS 224.01-010.
(18) “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 an affected facility or from air pollution
control equipment installed in an affected facility.
(19) “Equivalent method” means a method of sampling and analyzing for an air
pollutant which has been demonstrated to the cabinet’s and the U.S.
EPA’s satisfaction to have a consistent and quantitatively known
relationship to the reference method, under specified conditions.
(20) “Exempt solvent” means an organic compound listed in the definition of
volatile organic compound as not participating in atmospheric
photochemical reactions.
(21) “Existing source” means a source which is not a new source.
(22) “Extreme nonattainment county” or “extreme nonattainment area” means a
county or portion of a county designated extreme nonattainMent in 401
KAR 51:010.
(23) “Fixed capital cost” means the capital needed to provide all the
depreciable components.
(24) “Fuel” means natural gas, petroleum, coal, wood, and any form of solid,
liquid, or gaseous fuel derived from these materials for the purpose of
creating useful heat.
(25) “Fugitive emissions” means the emissions of an air contaminant into the
open air other than from a stack or air pollution control equipment
exhaust.
51i)O1

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(26) “Hydrocarbon” means an organic compound consisting predominantly of
carbon and hydrogen.
(27) “Incineration” means the process of igniting and burning solid, semi-
solid, liquid, or gaseous combustible wastes.
(28) “Intermittent emissions” means emissions of particulate matter into the
open air from a process which operates for less than any six (6)
consecutive minutes.
(29) “Major source” means a source of which the potential emission rate is
equal to or greater than 100 tons per year of any one Cl) of the
following pollutants: particulate matter, sulfur oxides, nitrogen
oxides, volatile organic compounds or carbon monoxide.
(30) “Malfunction” means a 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 preventable equipment breakdown shall not be considered
malfunctions.
(31) “Marginal nonattainment county” or “marginal nonattainment area” means a
county or portion of a county designated marginal nonattainment in 401
KAR 51:010.
(32) “Moderate nonattainment county” or “moderate nonattainment area” means a
county or portion of a county designated moderate nonattainment in 401
KAR 51:010.
(33) “Modification” means a physical change in, or change in the method of
operation of, an affected facility which increases the amount of an air
pollutant (to which a standard applies) emitted into the atmosphere by
that facility or which results in the emission of an air pollutant (to
which a standard applies) into the atmosphere not previously emitted.
The following shall not, by themselves, be considered modifications:
(a) Maintenance, repair, and replacement which the cabinet determines
to be routine for a source category;
(b) An increase in production rate of an affected facility, if that
increase can be accomplished without a capital expenditure on that
facility;
(c) An increase in the hours of operation;
(d) Use of an alternative fuel or raw material if, prior to the date
any standard becomes applicable to that source type, the affected
facility was designed to accommodate that alternative use. A
facility shall be considered to be designed to accommodate an
alternative fuel or raw material if that use could be accomplished
under the facility’s construction specifications as amended prior
to the change. Conversion to coal required for energy
considerations, as specified in 42 USC 41l(a) (8), shall not be
considered a modification;
Ce) The addition or use of any system or device whose primary function
is the reduction of air pollutants, except when an emission
control system is removed or is replaced by a system which the
cabinet determines to be less environmentally beneficial;
(f) The relocation or change in ownership of an existing facility.
(34) “Monitoring device” means the total equipment, required in applicable
51.001 - 3

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regulations, used to measure and record (if applicable) process
parameters.
(35) “New source” means a source, the construction, reconstruction, or
modification of which commenced on or after the classification date as
defined in the applicable regulation. A source, upon reconstruction,
becomes a new source, irrespective of a change in emission rate.
(36) “Nitrogen oxides” means all oxides of nitrogen except nitrous oxide, as
measured by test methods specified by the cabinet.
(37) “Opacity” means the degree to which emissions reduce the transmission of
light and obscure the view of an object in the background.
(38) “Owner or operator” means a person who owns, leases, operates, controls,
or supervises an affected facility or a source to which an affected
facility is a part.
(39) “Particulate matter” means a material, except uncombined water, which
exists in a finely divided form as a liquid or a solid as measured by
the appropriate approved test method.
(40) “Particulate matter emissions” means, except as used in 40 CFR 60, all
finely divided solid or liquid material, other than uncombined water,
emitted to the ambient air as measured by applicable reference methods,
or an equivalent or alternative method specified in 40 CFR Chapter 1, or
by a test method specified in the approved state implementation plan.
(41) “Person” means an individual, public or private corporation, political
subdivision, government agency, municipality, industry, co-partnership,
association, firm, trust, estate, or other entity.
(42) “PM 10 ” means particulate matter with an aerodynamic diameter less than
or equal to a nominal ten (10) micrometers as measured by a reference
method based on Appendix J to 40 CFR 50, which has been incorporated by
reference in 401 KAR 50:015, and designated in accordance with 40 CFR
53, or by an equivalent method designated in accordance with 40 CFR 53.
(43) “PM 10 emissions” means finely divided solid or liquid material with an
aerodynamic diameter less than or equal to a nominal ten (10)
micrometers emitted to the ambient air as measured by an applicable
reference method, or an equivalent or alternative method, specified in
40 CFR Chapter- I, or by a test method specified in the approved state
implementation plan.
(44) “Potential to emit” means the maximum capacity of a stationary source to
emit a pollutant under its physical and operational design. A physical
or operational limitation on the capacity of the source to emit a
pollutant, including air pollution control equipment and restrictions on
hours of operation or on the type or amount of material combusted,
stored, or processed, shall be treated as part of its design if the
limitation or the effect it would have on emissions is federally
enforceable. Secondary emissions shall not count in determining the
potential to emit of a stationary source.
(45) “Reconstruction” means the replacement of components of an existing
affected facility to the extent that the fixed capital cost of the new
components exceeds fifty (50) percent of the fixed capital cost that
would be required to construct a comparable entirely new affected
facility, and it is technologically and economically feasible to meet
the applicable new source standards. Individual sections of these
administrative regulations may include specific provisions which refine
and delimit the concept of reconstruction set forth in this subsection.
5l.C l -
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The cabinet’s determination as to whether the proposed replacement
constitutes reconstruction shall be based on:
(a) The fixed capital cost of the replacements in comparison to the
fixed capital cost that would be required to construct a
comparable entirely new facility;
(b) The estimated life of the affected facility after the replacements
compared to the life of a comparable entirely new affected
facility;
(c) The extent to which the components being replaced cause or
contribute to the emissions from the affected facility; and
(d) Economic or technical limitations on compliance with applicable
standards of performance which are inherent in the proposed
replacements.
(46) “Reference method” means a method of sampling and analyzing for an air
pollutant as prescribed by Appendices A through K to 40 CFR 50,
Appendices A and B to 40 CFR 60, and Appendix B to 40 CFR 61, which has
been incorporated by reference in 401 KAR 50:015. This term may be more
narrowly defined within a specific regulation.
(47) “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.
(48) “Secondary emissions” means emissions which occur as a result of the
construction or operation of a major stationary source or major
modification, but do not come from the major stationary source or major
modification itself. Secondary emissions shall be specific, well
defined, quantifiable, and shall impact the same general area as does
the stationary source modification which causes the secondary emissions.
Secondary emissions may include, but are not limited to emissions from
an offsite support facility which would not otherwise be constructed or
increase its emissions as a result of the construction or operation of
the major stationary source or major modification. Secondary emissions
do not include emissions which come directly from a mobile source, such
as the emissions from the tailpipe of a motor vehicle, from a train, or
from a vessel.
(49) “Serious nonattainment county” or “serious nonattainment area” means a
county or portion of a county designated serious nonattainment in 40].
KAR 51:010.
(50) “Severe nonattainment county” or “severe nonattainment area” means a
county or portion of a county designated severe nonattainment in 401 KAR
51:010.
(51) “Shutdown” means the cessation of an operation.
(52) “Source” means one (1) or more affected facilities 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.
(53) “Stack or chimney” means a flue, conduit, or duct arranged to conduct
emissions to the atmosphere.
(54) “Standard means an emission standard, a standard of performance, or an
ambient air quality standard as promulgated under the administrative
regulations of the Division for Air Quality or the emission control
requirements necessary to comply with Title 401, Chapter 51, of the
51.001 5

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administrative regulations of the Division for Air Quality.
(55) “Standard conditions:”
(a) For source measurements means twenty (20) degrees Celsius (sixty-
eight (68) degrees Fahrenheit) and a pressure of 760 mm Hg (29.92
in. of Hg);
(b) For the purpose of air quality determinations means twenty-fi re
(25) degrees Celsius and a reference pressure of 760 mm Hg.
(56) “Start-up” means the setting in operation of an affected facility.
(57) “State implementation plan” means the most recently prepared plan or
revision required by 42 USC 7410 which has been approved by the U.S.
EPA.
(58) “Total suspended particulate” means particulate matter as measured by
the method described in Appendix B of 40 CFR 50, which has been
incorporated by reference in 401 KAR 50:015.
(59) “Uncombined water” means water which can be separated from a compound by
ordinary physical means and which is not bound to a compound by internal
molecular forces.
(60) “Urban county” means a county which is a part of an urbanized area with
a population of greater than 200,000 based upon the 1980 census. If a
portion of a county is a part of an urbanized area, then the entire
county shall be classified as urban with respect to the administrative
regulations of the Division for Air Quality.
(61) “Urbanized area” means an area defined as such by the U.S. Department of
Commerce, Bureau of Census.
(62) “Volatile organic compound” or “VOC” means an organic compound which
participates in atmospheric photochemical reactions. This includes an
organic compound other than the following compounds: methane; ethane;
carbon monoxide; carbon dioxide; carbonic acid; metallic carbides or
carbonates; ammonium carbonate; methylene chloride; 1,1,1-
trichioroethane (methyl chloroform); trichlorofluoromethane (CFC-11);
dichiorodifluoromethane (CFC-12); chlorodifluoromethane (HCFC-22);
trifluoromethane (HFC-23); l ,l,2-trichloro0l,2,2-trifluroethane (CFC-
113); dichiorotetrafluoroethane (CFC- 1 14); chloropentafluoroethane
(CFC-115); dichiorotrifluoroethane (HCFC-l23); tetrafluoroethane (HFC-
134a); dichlorofluoroethane (HCFC-l4lb); chlorodifluoroethane (HCFC-
142b); chloro-1, 1,1,2 -tetrafluoroethane (HCFC-124); pentafluoroethane
(HFCl25); l,l,22 tetrafluoroethane (HFC-l34); 1,l,1 trifluoroethane
(HFC-l43a); 1,1-difluoroethane (HFC-152a); parachlorobenzotrifluoride
(PCBTF); cyclic, branched, or linear completely methylated siloxanes;
perchioroethylene (tetrach].oroethylene) and perfluorocarbon compounds
which fall into these classes:
(a) Cyclic, branched, or linear, completely fluorinated alkanes;
(b) Cyclic, branched, or linear, completely fluorinated ethers with no
unsaturat ions;
(c) Cyclic, branched, or linear, completely fluorinated tertiary
amines with no unsaturations; and
(d) Sulfur containing perfluorocarbons with no unsaturations and with
sulfur bonds only to carbon and fluorine. These compounds have
been determined to have negligible photochemical reactivity. For
purposes of determining compliance with emission limits, VOCs
shall be measured by test methods that have been approved by the
51.001 - 6

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cabinet and the U.S.EPA. If a method used also inadvertently
measures compounds with negligible photochemical reactivity, an
owner or operator may exclude these negligibly reactive compounds
when determining compliance with an emissions standard.
Section 2. Abbreviations. The abbreviations used in the administrative
regulations of Title 401, Chapters 50 to 65, shall have the following
meanings:
AOAC - Association of Official Analytical Chemists
ANSI - American National Standards Institute
ASTM - American Society for Testing and Materials
BOD - Biochemical oxidant demand
BTU - British Thermal Unit
- Degree Celsius (centigrade)
Cal - calorie
cfm - cubic feet per minute
CFR - Code of Federal Regulations
CH 4 - methane
CO - Carbon monoxide
C0 2 - Carbon dioxide
COD - Chemical oxidant demand
dscf - dry cubic feet at standard conditions
dscm - dry cubic meter at standard conditions
- Degree Fahrenheit
ft - feet
g grain
gal - gallon
gr - grain
hr - hour
HCI - Hydrochloric acid
Hg - mercury
HF - Hydrogen fluoride
H 2 0 - water
H 2 S - Hydrogen sulfide
H 2 S 0 4 - Sulfuric acid
in - inch
J - joule
KAR - Kentucky Administrative Regulations
kg - kilogram
KRS - Kentucky Revised Statutes
L - liter
lb - pound
m - meter
m 3 - cubic meter
mm - minute
mg - milligram
MJ - megajoules
MM - million
mm - millimeter
mo - month
Ng - nanograms
N 2 - Nitrogen
NO - Nitric oxide
N 2 0 - Nitrogen dioxide
NO, - Nitrogen oxides
oz - ounce
- oxygen
- ozone
ppb - parts per billion
ppm - parts per million
ppm (wlw) - parts per million (weight by weight)
lig - microgram
51.001 - 7

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psia - pounds per square inch absolute
psig - pounds per square inch gage
S - at standard conditions
sec - second
SIP - State implementation plan
SO 2 - Sulfur dioxide
sq - square
TAPPI - Technical Association of the Pulp and Paper Industry
TSP - Total suspended particulates
TSS - Total suspended solids
U.S. EPA - United States Environmental Protection Agency
UTM - Universal Transverse Mercator
VOC - Volatile organic compound
yd - yard
Effective Date: June 6, 1996
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg OCT 20, 1992 JUN 23, 1992 59 FR 32343
1st Revision MAY 4, 1995 JUN 16, 1995 60 FR 31088
2nd Revision JUN 19, 1997 JAN 21, 1997 62 FR 2916
5 .’ 0l - 8

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401 KM 51:005. Purpose and general provisions.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department of Environmental Protection
Division of Air Quality
Relates to: KRS 224.033
Pursuant to: KRS 13.082, 224.033
Necessity and Function: KRS 224.033 requires the Cabinet for Natural Resources
and Environmental Protection to prescribe regulations for the prevention,
abatement, and control of air pollution. This regulation establishes the
general provisions as related to new sources with respect to the prevention of
significant deterioration of air quality and construction of stationary
sources impacting on non-attainment areas.
Section 1. Purpose. The purpose of this chapter is:
(1) To prevent the significant deterioration of air quality in areas of
Commonwealth of Kentucky where the air quality is better than the
ambient air quality standards contained in 401 KAR 53:010; and
(2) To provide conditions for the construction of new or modified sources
which would impact on non-attainment areas in order that major new or
major modified sources will not exacerbate existing violations of the
ambient air quality standards.
Section 2. General Provisions.
(1) Performance tests. The owner or operator of an affected facility
subject to this chapter shall be subject to the provisions of 401 KAR
59:005, Section 2.
(2) Notification and record keeping. The owner or operator of an affected
facility subject to this chapter shall be subject to the provisions of
401 KAR 59:005, Section 3.
(3) Monitoring. The cabinet may require the owner or operator of an affected
facility subject to this chapter to install, calibrate, maintain and
operate continuous emission monitoring system. All such continuous
emission monitoring systems shall be subject to the provisions of 401
KAR 59:005, Section 4, and other provisions as the cabinet deems
necessary.
Effective date: June 6. 1979
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 JUL 12, 1982 47 FR 30059
51.005 - 1

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401 KAR 51:010. Attainment status designations.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department of Environmental Protection
Division of Air Quality
RELATES TO: KRS 224.20-100, 224.20-110, 224.20-120, 40 CFR 81:318, 42 USC
7401-7626, 42 USC 7407, 7501-7515, 7601, 40 CFR -81,
STATUTORY AUTHORITY: KRS 224.10-100, 42 USC 7401-7626
NECESSITY AND FUNCTION: KRS 224.10-100 requires the Natural Resources and
Environmental Protection Cabinet to prescribe administrative regulations for
the prevention, abatement, and control of air pollution. This administrative
regulation designates the status of all areas of the Commonwealth of Kentucky
with regard to attainment of the ambient air quality standards.
Section 1. Definitions.
(1) “Rest of State” as used in Sections 4 through 7 of this administrative
regulation means the remainder of the state has been designated and
identified on a county by county basis.
(2) “Statewide” as used in Section 8 of this administrative regulation means
the entire state has been designated on a county by county basis.
(3) “Road” as used in Section 2(3) of this administrative regulation means a
Kentucky route, a county road, a. lane, a road, or a U.S. route, highway,
or interstate.
Section 2. Attainment Status Designations.
(1) The attainment status of areas of the Commonwealth of Kentucky with
respect to the ambient air quality standards for sulfur dioxide, carbon
monoxide, ozone, and nitrogen oxides is listed in Sections 5 through 8
of this administrative regulation. The attainment status of areas of
the Commonwealth of Kentucky with respect to total suspended
particulates is listed in Section 3 of this administrative regulation.
(2) Within sixty (60) days of revision by the U.S. EPA of a national ambient
air quality standard, the cabinet shall review applicable data and
submit to the U.S. EPA a revision to the attainment nonattainment list
pursuant to 42 USC 7407(d) (1).
(3) A road, junction or intersection of two (2) or more roads as used in
Section 7 of this administrative regulation that defines a nonattairiment
boundary for an area which is a portion of a county designated as
nonattainment for ozone for any classification except marginal shall
include as nonattainment an area extending 750 feet from the center of
the road, junction, or intersection.
Section 3. Attainment Timetable. Primary and secondary ambient air quality
standards shall be attained as expeditiously as practicable.
51.010 - 1

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Section 4. Attainment Status Designations For Total Suspended Particulates.
Does Not
Meet
Areas Primary
Standards
Does Not
Meet
Secondary
Standard
Better
Than
Standards
Cannot
Be
Classif
ied
X
X
Bullitt County
X
Campbell County
.
X
Daviess County
bordered by the
the north, by
projected to
west,by Fourth
on the south
Beltline (KY 212)
the river on the
.
X
Henderson
x
X
Lawrence County
X
X
X
Madison County
X
X
Perry County in
X
Pike County in
X
Whitley County
X
X
51.010 - 2

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Section 5. Attainment Status Designations for Sulfur Dioxide.
Designated Areas
Does Not
Meet
Primary
Standards
Does Not
Meet
Secondary
Standards
Better
Than
Standards
That portion of Boyd County south
of the Northern UTM line 4251Km
X
X
Muhlenber County
X
Rest of State
X
Section 6. Attainment Status Designations for Carbon Monoxide.
Designated Areas
Does Not
Meet
Primary
Standards
Cannot
Better
Be Classified
or
Than Standards
Jefferson County
X
Rest of State
X
51.010 - 3

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Section 7. Attainment Status Designations for Ozone.
Designated Areas
Moderate
Margina
i
Cannot Be
Classified
or
Better Than
Standards
Boone County
X
Boyd County
X
That portion of Bullitt County within the X
boundaries described as follows:Beginning
at the intersection of KY 1020 and the
Jefferson-Bullitt County line proceeding
to the east along the county line to the
intersection of County Road 567 and the
Jefferson-Bullitt County line;proceeding
south on County Road 567 to the junction
with KY 1116 (also known as Zoneton
Road) ;proceeding to the south on KY 1116
to the junction with Hebron Lane;
proceeding to the south on Hebrori Lane to
Cedar Creek;proceeding south on Cedar
Creek to the confluence of Floyds Fork
turning southeast along a creek that
meets KY 44 at Stallings Cemetery;
proceeding west along KY 44 to the
eastern most point in the Shepherdsville
city limits;proceeding south along the
Shepherdsville city limits to the Salt
River and west to a point across the
river from Mooney Lane;proceeding south
along Mooney Lane to the junction of KY
480; proceeding west on KY 480 to the
junction with KY 2237;proceeding south on
KY 2237 to the junction with KY 61 and
proceeding north on KY 61 to the junction
with KY 1494;proceeding south on KY 1494
to the junction with the perimeter of the
Fort Knox Military Reservation;proceeding
north along the military reservation
perimeter to Castleman Branch
Road;proceeding north on Castleman Branch
Road to KY 44; proceeding a very short
distance west on KY 44 to a junction with
KY 2723; proceeding north on KY 2723 to
the junction of Chillicoop
Road;proceeding northeast on Chillicoop
Road to the junction of KY
2673;proceeding north on KY 2673 to the
junction of KY 1020; proceeding north on
KY 1020 to the beginning.
Caldwell County
X
Calloway County
X
Campbell County
x
Christian County
x
Fayette County
X
51.010 - 4

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That portion of Greenup County within the
boundaries described as follows:
Beginning at a point where the Ohio River
meets the Greenup-Boyd County line;
proceeding southwest along the Greenup-
Boyd County line to the junction of the
East Fork of the Little Sandy River and
the Greenup-Boyd County line; proceeding
north and west along the East fork of the
Little Sandy River to the confluence of
the Little Sandy River; proceeding north
along the Little Sandy River to the
confluence of the Ohio River; proceeding
east along the Ohio River to the
bea nn n -
x
Jefferson County
X
Kenton
X
That portion of Oldham County within the
X
boundaries described as follows:Beginning
at the intersection of the Oldham-
Jeff erson County line with the southbound
lane of Interstate 71;proceeding to the
northeast along the southbound lane of
Interstate 71 to the intersection of KY
329 and the southbound lane of Interstate
71;proceeding to the northwest on KY 329
to the intersection of Zaring Road and KY
329;proceeding to the east-northeast on
Zaring Road to the junction of Cedar
Point Road and Zaring Road;proceeding to
the north-northeast on Cedar Point Road
to the junction of KY 393 and Cedar Point
Road;proceeding to the south-southeast on
KY 393 to the junction of the access road
on the north side of Reformatory Lake and
,
the Ref ormatory;proceeding to the east-
northeast on the access road to the
junction with Dawkins Lane and the access
road;proceeding to follow an electric
power line east-northeast across from the
junction of County Road 746 and Dawkins
Lane to the east-northeast across KY 53
on to the LaGrange Water Filtration
Plant;
51.O1C -

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proceeding on to the east-southeast along
the power line then south across Fort
Pickens Road to a power substation on KY
146;proceeding along the power line south
across KY 146 and the Seaboard System
Railroad track to adjoin the incorporated
city limits of LaGrange;then proceeding
east then south along the LaGrange city
limits to a point abutting the north side
of KY 712;proceeding east-southeast on KY
712 to the junction of Massie School Road
and KY 712; proceeding to the south-
southwest on Massie School Road to the
intersection of Massie School Road and
Zale Smith Road;proceeding northwest on
Zale Smith Road to the junction of KY 53
and Zale Smith Road;proceeding on KY 53
to the north-northwest to the junction of
new Moody Lane and KY 53; proceeding on
new Moody Lane to the south-southwest
until meeting the city limits of
LaGrange;then briefly proceeding north
following the LaGrange city limits to the
intersection of the northbound lane of
Interstate 71 and the LaGrange city
limits; proceeding southwest on the
northbound lane of Interstate 71 until
intersecting with the north fork of
Currys Fork;proceeding south-southwest
beyond the confluence of Currys Fork to
the south-southwest beyond the confluence
of Floyds Fork continuing on to the
Oldham-Jefferson County line; proceeding
northwest along the Oldham-Jefferson
County line to the beainnina.
Trigg County
X
Rest of State
X
Section 8. Attainment Status Designations for Nitrogen Oxides.
Designated Area
Does Not Meet
Primary Standards
Cannot
Classified
or
Better
Standards
Be
Than
Statewide
x
Effective Date: November 12, 1997
51.010 - 6

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Original Req
1st Revision
2nd Revision
3rd Revision
4th Revision
Date Submitted
to EPA
JUN 29, 1979
JUN 24, 1987
JUL 07, 1988
OCT 20, 1992
DEC 19, 1997
Date Approved
by EPA
JAN 25, 1980
FEB 28, 1989
FEB 07, 1990
JUN 23, 1994
JUL 24, 1998
Federal
Register
45 FR 6092
54 FR 8322
55 FR 4169
54 FR 32343
63 FR 39739
51.010 - 7

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401 KM 51:017. Prevention of significant deterioration of air quality.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department of Environmental Protection
Division of Air Quality
RELATES TO: KRS 224.10-100; 40 CFR 5]. Subpart I, Appendix S, Section IV, Part
51, Appendix W, 51.166, 52.21, Part 58, Appendix B, 60, 61, 63, 81.318, 81
Subpart D; 42 USC 7401 to 7671q (Clean Air Act), 4321 to 4370d (National
Environmental Policy Act)
STATUTORY AUTHORITY: KRS 224.10-100; 40 CFR 51.166, 52.21, 42 USC 7401 to 7671q
(Clean Air Act)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100 requires the Natural
Resources and Environmental Protection Cabinet to prescribe regulations for the
prevention, abatement and control of air pollution. This administrative
regulation provides for the prevention of significant deterioration of ambient
a .r quality. The provisions of this administrative regulation are not different
nor more stringent than the federal regulation, 40 CFR 51.166.
Section 1. Definitions. Terms not defined in this section shall have the
meaning given them in 401 KAR 51:001.
(1) (a) “Actual emissions” means the actual rate of emissions of a pollutant
from an emissions unit, as determined in accordance with paragraphs (b) to (d)
of this subsection.
(b) Actual emissions as of a particular date shall equal the average
rate, in tons per year, at which the unit actually emitted the pollutant during
the two (2) year period which precedes the particular date and is representative
of normal source operation. The cabinet may allow the use of a different time
period upon a determination that it is more representative of normal source
operation. Actual emissions shall be calculated using the unit’s actual
operating hours, production rates, and types of materials processed, stored, or
combusted during the selected time period.
Cc) The cabinet may presume that source-specific allowable emissions for
the unit are equivalent to the actual emissions of the unit.
(d) For an emissions unit (other than an electric utility steam
generating unit) which has not begun normal operations on the particular date,
actual emissions shall equal the potential to emit of the unit on that date.
Ce) For an electric utility steam generating unit (other than a new unit
or the replacement of an existing unit) actual emissions of the unit following
the physical or operational change shall equal the representative actual annual
emissions of the unit following the physical or operational change, if the source
owner or operator maintains and submits to the cabinet on an annual basis for a
period of five (5) years from the date the unit resumes regular operation,
information demonstrating that the physical or operational change did not result
in an emissions increase. A longer period, not to exceed ten (10) years, may be
required by the cabinet if it determines that period to be more representative
of normal source post-change operations.
(2) “Adverse impact on visibility” means visibility impairment which
interferes with the management, protection, preservation or enjoyment of the
visitor’s visual experience of the Class I area. This determination shall be
made on a case-by-case basis and shall consider the geographic extent, intensity,
duration, frequency and time of visibility impairment, and how these factors
correlate with the times of visitor use of the Class I area, and the frequency
and timing of natural conditions that reduce visibility.
(3) “Allowable emissions” means the emissions rate of a stationary source
which is calculated using the maximum rated capacity of the source (unless the
source is subject to state or federally enforceable limits which restrict the
operating rate, or hours of operation, or both) and the most stringent of the
following:
(a) The applicable standards in Title 401, KAR Chapters 57, 59, 60, and
63, or 40 CFR 60, 61, and 63;
(b) The applicable state or federally approved regulatory emissions
limitation, including those with a future compliance date; or
Cc) The emissions rate specified as a state or federally enforceable
permit condition, including those with a future compliance date.
(4) (a) “Baseline area” means an intrastate area (and every part of
that area designated as attainment or unclassifiable pursuant to 42 USC
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7404(d) (1) (A) (ii) or (iii) (Section 107(d) (1) (A) (ii) or (iii) of the Clean Air
Act), in which the major source or major modification establishing the minor
source baseline date would construct or would have an air quality impact equal
to or greater than one (1) ig/m 3 (annual average) of the pollutant for which th€
minor source baseline date is established. Area redesignations under 42 USC.
7404 Cd) (1) (A) (ii) or (iii) (Section 107(d) (1) (A) (ii) or (iii) of the Clean Air
Act), cannot intersect or be smaller than the area of impact of a major
stationary source or major modification which:
1. Establishes a minor source baseline date; or
2. Is subject to this administrative regulation and would be constructed
in the Commonwealth of Kentucky.
(b) A baseline area established originally for total suspended
particulate (TSP) increments shall remain in effect and shall apply in
determining the amount of available P 1 4 10 increments, except that this baseline
area shall not remain in effect if the cabinet rescinds the corresponding minor
source baseline date in accordance with subsection (27) (b) of this section.
(5) “Baseline concentration” means that ambient concentration level which
exists in the baseline area when the applicable minor source baseline date is
established. A baseline concentration is determined for each pollutant for which
a minor source baseline date is established and shall include;
(a) The actual emissions representative of sources in existence on the
applicable minor source baseline date, except as provided in paragraph (c) of
this subsection; and
(b) The allowable emissions of major stationary sources which commenced
construction before the major source baseline date but were not in operation by
the applicable minor source baseline date.
Cc) The following shall not be included in the baseline concentration and
shall affect the maximum applicable allowable increase:
1. Actual emissions at a major source, which result from construction
commencing after the major source baseline date; and
2. Actual emissions increases and decreases at a stationary source
occurring after the minor source baseline date.
(6) (a) “Baseline date” means major source baseline date, defined in
subsection (24) of this section, or minor source baseline date, defined in
subsection (27) of this section.
(b) The baseline date is established for each pollutant for which
increments or other equivalent measures have been established if:
1. The area in which the proposed source or modification would construct
is designated as attainment or unclassifiable pursuant to 42 USC
7407(d) (1) (A) (ii) or (iii) (Section 107(d) (1) (A) (ii) or (iii) of the Clean Air
Act) for the pollutant on the date of its complete application; and
2. For a major stationary source, the pollutant would be emitted in
significant amounts, or, for a major modification, there would be a significant
net emissions increase of the pollutant.
(7) “Begin actual construction” means initiation of physical on-site
construction activities on an emissions unit which are of a permanent nature.
Those activities include, but are not limited to, installation of building
supports and foundations, laying underground pipework, and construction of
permanent storage structures. For a change in method of operations, this term
refers to those on-site activities other than the preparatory activities which
mark the initiation of the change.
(8) “Best available control technology” means an emissions limitation
(including a visible emission standard) based on the maximum degree of reduction
for each pollutant subject to regulation under 42 USC 7401 to 7671q (Clean Air
Act), which would be emitted from a proposed major stationary source or major
modification which the cabinet, on a case-by-case basis, taking into account
energy, environmental, and economic impacts and other costs, determines is
achievable for that source or modification through application of production
processes or available methods, systems, and techniques, including fuel cleaning
or treatment or innovative fuel combustion techniques for control of that
pollutant. Application of best available control technology shall not result in
emissions of a pollutant which would exceed the emissions allowed by an
applicable standard under Title 401, KAR Chapters 57, 59, 60, and 63, or 40 CFR
Parts 60, 61, and 63. If the Cabinet determines that technological or economic
limitations on the application of measurement methodology to a particular
emissions unit would make the imposition of an emissions standard infeasible, a
design, equipment, work practice, or operational standard, or combination of
de ’’ ,. equipment, pract cP or ooerntional standar . may be rrescribed
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instead to satisfy the requirement for the application of best available control
technology. That standard shall, to the degree possible, establish the emissions
reduction achievable by implementation of the design, equipment, work practice
or operation, and shall provide for compliance by means which achieve equivalent
results.
(9) “Building, structure, facility, or installation” means all of the
pollutant emitting activities which belong to the same industrial grouping, are
located on one (1) or more contiguous or adjacent properties, and are under the
control of the same person (or persons under common control) except the
activities of a vessel. Pollutant-emitting activities shall be considere as
part of the same industrial grouping if they belong to the same major group
(i.e., which have the same two (2) digit code) as described in the Standard
Industrial Classification Manual, 1987, which has been incorporated by reference
in Section 21 of this administrative regulation.
(10) “Clean coal technology” means a technology, including technologies
applied at the precombustion, combustion, or post-combustion stage, at a new or
existing facility which will achieve significant reductions in air emissions of
sulfur dioxide or oxides of nitrogen associated with the utilization of coal in
the generation of electricity, or process steam which was not in widespread use
as of November 15, 1990.
(11) “Clean coal technology demonstration project” means a project using
funds appropriated under the heading “Department of Energy - Clean Coal
Technology,” up to a total amount of $2,500,000,000 for commercial demonstration
of clean coal technology, or a similar project funded through appropriations for
the U.S. EPA. The federal contribution for a qualifying project shall be at least
twenty (20) percent of the total cost of the demonstration project.
(12) “Commence,” for construction of a major stationary source or major
modification, means that the owner or operator has all necessary preconstruction
approvals or permits and either has: -
(a) Begun, or caused to begin, a continuous program of actual on-site
construction of the source, to be completed within a reasonable time; or
(b) Entered into agreements or contractual obligations, which cannot be
cancelled or modified without substantial loss to the owner or operator, to
undertake a program of actual construction of the source to be completed within
a reasonable time.
(13) “Complete” means, in reference to an application for a permit, that
the application contains information necessary for processing the application.
Designating an application complete for permit processing does not preclude the
cabinet from requesting or accepting additional information.
(14) “Construction” means any physical change or change in the method of
operation (including fabrication, erection, installation, demolition, or
modification of an emissions unit) which would result in a change in actual
emissions.
(15) “Electric utility steam generating unit” means a steam electric
generating unit that is constructed for the purpose of supplying more than one-
third (1/3) of its potential electric output capacity and more than twenty-five
(25) megawatt electrical output to a utility power distribution system for sale.
Steam supplied to a steam distributing system for the purpose of providing steam
to a steam-electric generator producing electric energy for sale is also
considered in determining the electrical energy output capacity of the affected
facility.
(16) “Emissions unit” means a part of a stationary source which emits or
would have the potential to emit a pollutant subject to regulation under 42 USC
7401 to 767lq (Clean Air Act)
(17) “Federal land manager” means, for lands in the United States, the
secretary of the department with authority over those lands.
(18) “Federally enforceable” means all limitations and conditions which
are enforceable by the U.S. EPA, including those requirements developed pursuant
to 40 CFR 60, 61, and 63, requirements within an applicable State Implementation
Plan (SIP) and any permit requirements established pursuant to 40 CFR 52.21, or
under regulations approved pursuant to 40 CFR Part 51, Subpart I, including
operating permits issued under an EPA-approved program incorporated into the SIP,
which expressly requires adherence to a permit issued under the program.
(19) “Fugitive emissions” means those emissions which could not reasonably
pass through a stack, chimney, vent, or other functionally equivalent opening.
(20) “High terrain” means an area having an elevation of 900 feet or more
above the base of the stack of a source.
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(21) “Innovative control technology” means a system of air pollution
control that has not been adequately demonstrated in practice, but would have a
substantial likelihood of achieving greater continuous emissions reduction than
any control system in current practice or of achieving at least comparabl€
reductions at lower cost in terms of energy, economics, or non-air qua1it
environmental impacts.
(22) “Low terrain” means an area other than high terrain.
(23) “Major modification” means a physical change in or change in the
method of operation of a major stationary source that would result in a
significant net emissions increase of any pollutant subject to regulation under
42 USC 7401 to 7671q (Clean Air Act) -
(a) A net emissions increase that is significant for volatile organic
compounds shall be significant for ozone.
(b) A physical change or change in the method of operation shall not
include:
1. Routine maintenance, repair and replacement;
2. Use of alternative fuel or raw material by reason of an order or a
natural gas curtailment plan in effect under a federal act;
3. Use of an alternative fuel at a steam generating unit to the extent
that the fuel is generated from municipal solid waste;
4. Use of an alternative fuel or raw material by a stationary source
which:
a. The source was capable of accommodating before January 6, 1975,
unless the change would be prohibited under a permit condition which was
established after January 6, 1975; or
b. The source is approved to use under a permit issued under this
administrative regulation or under 40 CFR 52.21;
5. An increase in the hours of operation or in the production rate,
unless the change would be prohibited after January 6, 1975, pursuant to 40 CFR
52.21; after June 6, 1979, pursuant to 401 KAR 51:015; after September 22, 1982,
pursuant to this administrative regulation; or under 401 KAR 50:035 and 401 KAR
51:Ol6E; or
6. A change in ownership at a stationary source.
7. The addition, replacement or use of a pollution control project at
an existing electric utility steam generating unit, unless the cabinet,
concurring with U.S. EPA, determines that such addition, replacement, or use
renders the unit less environmentally beneficial, unless:
a. The Cabinet has reason to believe that the pollution control project
would result in a significant net increase in representative actual annual
emissions of a criteria pollutant over levels used for that source in the most
recent air quality impact analysis in the area conducted for the purpose of 42
USC 7401 to 7515 (Title I of the Clean Air Act), if any,’ and
b. The cabinet determines that the increase will cause or contribute to
a violation of any national ambient air quality standard or Prevention of
Significant Deterioration (PSD) increment or visibility limitation.
8. The installation, operation, cessation, or removal of a temporary
clean coal technology demonstration project, if the project complies with the
Kentucky SIP and other requirements necessary to attain and maintain the national
ambient air quality standards during the project and after it is terminated.
9. The installation or operation of a permanent clean coal technology
demonstration project that constitutes repowering, if the project does not result
in an increase in the potential to emit of a regulated pollutant emitted by the
unit. This exemption shall apply on a pollutant-by-pollutant basis.
10. The reactivation of a very clean coal-fired electric utility steam
generating unit.
(24) “Major source baseline date” means:
(a) For particulate matter and sulfur dioxide, January 6, 1975; and
(b) For nitrogen dioxide, February 8, 1988.
(25) (a) “Major stationary source” means:
1. Any of the following stationary sources of air pollutants which
emits, or has the potential to emit, 100 tons per year or more of a pollutant
subject to regulation under 42 USC 7401 to 7671q (Clean Air Act) : fossil fuel-
fired steam electric plants of more than 250 million BTU per hour heat input,
coal cleaning plants (with thermal dryers), kraft pulp mills, portland cement
plants, primary zinc smelters, iron and steel mill plants, primary aluminum ore
reduction plants, primary copper smelters, municipal incinerators capable of
charging more than 250 tons of refuse per day, hydrofluoric, sulfuric, and nitric
acid nlants, pet cr -n r fthe ies, liTre plantr, phor *ate rer ‘ ‘c cgina nla’ tc
51:017 - 4

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coke oven batteries, sulfur recovery plants, carbon black plants (furnace
process), primary lead smelters, fuel conversion plants, sintering plants,
secondary metal production plants, chemical process plants, fossil fuel boilers
(or combination of fossil fuel boilers) totaling more than 250 million BTU per
hour heat input, petroleum storage and transfer units with a total storage
capacity exceeding 300,000 barrels, taconite ore processing plants, glass fiber
processing plants, nd charcoal production plants;
2. Notwithstanding the stationary source size specified in subparagraph
1. of this paragraph, a stationary source which emits, or has the potential to
emit, 250 tons per year or more of an air pollutant subject to regulation under
42 Usc 7401 to 767lq (Clean Air Act); or
3. Any physical change that would occur at a stationary source not
otherwise qualifying under this subsection as a major stationary source, if the
change would constitute a major stationary source by itself.
(b) A major stationary source that is major for volatile organic
compounds shall be considered major for ozone.
(c) For this administrative regulation, the fugitive emissions of a
stationary source shall not be included in determining if it is a major
stationary source, unless the source belongs to one (1) of the following
categories of stationary sources:
1. Coal cleaning plants (with thermal dryers);
2. Kraft pulp mills;
3. Portland cement plants;
4. Primary zinc smelters;
5. Iron and steel mills;
6. Primary aluminum ore reduction plants;
7. Primary copper smelters;
8. Municipal incinerators capable of charging more than 250 tons of
refuse per day;
9. Hydrofluoric, sulfuric, or nitric acid plants;
10. Petroleum refineries;
11. Lime plants;
12. Phosphate rock processing plants;
13. Coke oven batteries;
14. Sulfur recovery plants;
15. Carbon black plants (furnace process);
16. Primary lead smelters;
17. Fuel conversion plants;
18. Sintering plants;
19. Secondary metal production plants;
20. Chemical process plants;
21. Fossil-fuel boilers (or combination of fossil-fuel boilers) totaling
more than 250 million BTU5 per hour heat input;
22. Petroleum storage and transfer units with a total storage capacity
exceeding 300,000 barrels;
23. Taconite ore processing plants;
24. Glass fiber processing plants;
25. Charcoal production plants;
26. Fossil fuel-fired steam electric plants of more than 250 million STUs
per hour heat input; and
27. Any stationary source category which, as of August 7, 1980, is being
regulated under Title 401, K1 R Chapters 57, 59, 60, and 63; 40 CFR Parts 60. 61,
and 63; or 42 USC 7411 or 7412 (Section 111 or 112 of the Clean Air Act)
(26) “Mandatory Class I federal area” means an area identified in 40 CFR
81, Subpart D, where the administrator of the U.S. EPA, in consultation with the
Secretary of the United States Department of Interior, has determined visibility
to be an important value.
(27) (a) “Minor source baseline date” means the earliest date after the
trigger date on which a major stationary source or a major modification subject
to 40 CFR 52.21 or to regulations approved pursuant to 40 CFR 51.166 submits a
complete application under the relevant regulations. The trigger date shall be:
1. For particulate matter and sulfur dioxide, August 7, 1977, and
2. For nitrogen dioxide, February 8, 1988.
(b) A minor source baseline date established originally for the TSP
increments shall remain in effect and shall apply in determining the amount of
available PM 10 increments, except that the cabinet may rescind the minor source
baseline date if it can be shown, to the satisfaction of the cabinet, that the
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emissions increase from the major modification responsible for triggering that
date did not result in a significant amount of PM 10 emissions.
(28) “Natural conditions” means those naturally occurring phenomena that
reduce visibility as measured in terms of visual range, contrast, or coloration.
(29) “Necessary preconstruction approvals or permits” means those permits
or approvals required under the regulations of Title 401, KAR Chapters 50 to 65
and federal air quality control laws and regulations.
(30) (a) “Net emissions increase” means the amount by which the sum of
subparagraphs 1. and 2. of this paragraph exceeds zero:
1. An increase in actual emissions from a particular physical change or
change in method of operation at a stationary source; and
2. Other increases and decreases in actual emissions at the source that
are contemporaneous with the particular change and are otherwise creditable.
(b) An increase or decrease in actual emissions is contemporaneous with
the increase from the particular change only if:
1. For construction that commences prior to January 6, 2002, it occurs
between the date ten (10) years before construction on the particular change
commences, and the date that the increase from the particular change occurs.
2. For construction that commences on and after January 6, 2002, it
occurs between the date five (5) years before construction on the particular
change commences, and the date that the increase from the particular change
occurs.
(c) An increase or decrease in actual emissions is creditable only if the
cabinet or the U.S. EPA has not relied on it in issuing a permit for the source
under this administrative regulation or 40 CFR 52.21, if the permit is in effect
when the increase in actual emissions from the particular change occurs.
Id) An increase or decrease in actual emissions of sulfur dioxide,
particulate matter, or nitrogen oxides which occurs before the applicable minor
source baseline date is creditable only if it is considered in calculating the
amount of maximum allowable increases remaining available. For particulate
matter, only PM 10 emissions shall be used to evaluate the net emissions increase
for PM 0 .
(e) An increase in actual emissions is creditable only to the extent that
the new level of actual emissions exceeds the old level.
If) A decrease in actual emissions is creditable only to the extent that:
1. The old level of actual emissions or the old level of allowable
emissions, whichever is lower, exceeds the new level of actual emissions;
2. It is state or federally enforceable from the time that actual
construction on the particular change begins; and
3. It has approximately the same qualitative significance for public
health and welfare as that attributed to the increase from the particular change.
(g) An increase that results from a physical change at a source occurs
when the emissions unit on which construction occurred becomes operational and
begins to emit a particular pollutant. A replacement unit that requires
shakedown becomes operational Only after a reasonable shakedown period, not to
exceed 180 days.
(31) “Pollution control project” means an activity or project undertaken
at an existing electric utility steam generating unit in order to reduce
emissions from that unit. Such activities and projects are limited to:
(a) The installation of conventional or innovative pollution control
technology, including but not limited to advanced flue gas desulfurization,
sorbent injection for sulfur dioxide and nitrogen oxides controls and
electrostatic precipitators;
(b) An activity or project to accommodate switching to a fuel that is
less polluting than the fuel used prior to the activity or project, including but
not limited to natural gas or coal re-burning, or the co-firing of natural gas
and other fuels for the purpose of controlling emissions;
(c) A permanent clean coal technology demonstration project conducted
under 42 USC 5903(d) (Title II, section 101(d), of the Further Continuing
Appropriations Act of 1985) or subsequent appropriations, up to a total of
$2,500,000,000 for commercial demonstration of clean coal technology, or similar
projects funded through appropriations for the U.S. Environmental Protection
Agency, or
(d) A permanent clean coal technology demonstration project that
constitutes a repowering project.
(32) “Potential to emit” means the maximum capacity of a stationary source
to emit a pollutant under its physical or operational design. A physical or
ope:at -”a l_mit on on the c3pacit’- c E ‘ r-; ‘--‘ ern t- a ‘ ‘1’:t nt
51:017 - 6

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including air pollution control equipment and restrictions on hours of operation
or on the type or amount of material combusted, stored, or processed, shall be
treated as part of its design if the limitation or the effect it would have on
emissions is state or federally enforceable. Secondary emissions shall not count
in determining the potential to emit of a stationary source.
(33) “Reactivation of a very clean coal-fired electric utility steam
generating unit” means a physical change or change in the method of operation
associated with the commencement of commercial operations by a coal-fired utility
unit after a period of discontinued operation if the unit:
(a) Has not been in operation for the two (2) year period between
November 15, 1988, and November 15, 1990, and the emissions from that unit
continue to be carried in the Kentucky emissions inventory after November 15,
1990.
(b) was equipped prior to shutdown with a continuous system of emissions
control achieving a removal efficiency for sulfur dioxide of no less than eighty-
five (85) percent and a removal efficiency for particulates of no less than
ninety-eight (98) percent;
(c) Is equipped with 1ow-NO burners prior to the time of commencement
of operations following reactivation; and
(d) Is otherwise in compliance with the requirements of 42 Usc 7401 to
767lq (Clean Air Act).
(34) (a) “Repowering” means replacement of an existing coal-fired boiler
with one of the following clean coal technologies: atmospheric or pressurized
fluidized bed combustion, integrated gasification combined cycle,
magnetohydrodynamics, direct and indirect coal-fired turbines, integrated
gasification fuel cells, or as determined by the Administrator of U.S. EPA in
consultation with the Secretary of Energy, a derivative of one or more of these
technologies, or another technology capable of controlling multiple combustion
emissions simultaneously with improved boiler or generation efficiency and with
significantly greater waste reduction relative to the performance of technology
in widespread commercial use as of November 15, 1990.
(b) Repowering shall also include an oil or gas-fired unit which has been
awarded clean coal technology demonstration funding as of January 1, 1991 by the
Department of Energy.
(c) The cabinet shall give expedited consideration to a permit
application from a source that satisfies the requirements of this subsection and
is granted an extension under 42 USC 7651h (Section 409 of the Clean Air Act).
(35) “Representative actual annual emissions” means the average rate , in
tons per year, at which the source is projected to emit a pollutant for the two
(2) year period after a physical change or change in the method of operation of
a unit (or a different consecutive two (2) year period within ten (10) years
after that change, if the cabinet determines that this period is more
representative of normal source operations), considering the effect the change
will have on increasing or decreasing the hourly emissions rate and on projected
capacity utilization. In projecting future emissions the cabinet shall:
(a) Consider all the relevant information, including but not limited to,
historical operational data, the company’s own representations, filings with
local, state, or federal regulatory authorities, and compliance plans under 42
USC 7651 to 7651o (Title IV of the Clean Air Act); and
(b) Exclude, in calculating an increase in emissions that results from
the particular physical change or change in method of operation at an electric
utility steam generating unit, that portion of the unit’s emissions following the
change that could have been accommodated during the representative baseline
period and is attributable to an increase in projected capacity utilization at
the unit that is unrelated to the particular change, including any increased
utilization due to the rate of electricity demand growth for the utility system
as a whole.
(36) “Secondary emissions” means emissions which would occur as a result
of the construction or operation of a major stationary source or major
modification, but do not come from the major stationary source or major
modification itself. For this administrative regulation, secondary emissions
shall be specific, well defined, quantifiable, and impact the same general area
as the stationary source or modification which causes the secondary emissions.
Secondary emissions include emissions from an offsite support facility which
would not be constructed or increase its emissions except as a result of the
construction or operation of the major stationary source or major modification.
Secondary emissions shall not include emissions which come from a mobile source,
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(e.g., the emissions from the tailpipe of a motor vehicle, from a train, or from
a vessel).
(37) “Significant” means:
(a) In reference to a net emissions increase or the potential of a sourcr
to emit a pollutant listed in Section 22 of this administrative regulation, .
rate of emissions that would equal or exceed a rate given in Section 22 of this
administrative regulation.
(b) In reference to a net emissions increase or the potential of a source
to emit a pollutant subject to regulation under 42 Usc 7401 to 7671q (clean Air
Act), that is not listed in Section 22 of this administrative regulation, any
emissions rate.
(C) Notwithstanding paragraph (b) of this subsection and Section 22 of
this administrative regulation, “significant” means an emissions rate or net
emissions increase associated with a major stationary source or major
modification which is to be constructed within ten (10) kilometers of a Class I
area and has an impact on that area equal to or greater than one (1) i g/m 3
(twenty-four (24) hour average) -
(38) “Stationary source” means a building, structure, facility, or
installation which emits or may emit an air pollutant subject to regulation under
the 42 USC 7401 to 7671q (Clean Air Act).
(39) “Temporary clean coal technology demonstration project” means a clean
coal technology demonstration project that is operated for a period of five (5)
years or less, and which complies with the Kentucky SIP and with other
requirements necessary to attain and maintain the national ambient air quality
standards during and after the project is terminated.
(40) “Visibility impairment” means a humanly perceptible change in
visibility (visual range, contrast, coloration) from that which would have
existed under natural conditions.
Section 2. Applicability. This administrative regulation shall apply to
a major stationary source or a major modification which:
(1) Commenced construction after September 22, 1982;
(2) Emits a pollutant regulated by 42 USC 7401 to 767lq (Clean Air Act);
and
(3) Is constructed in an area designated as attainment or unclassifiablE
for a pollutant as defined pursuant to 42 USC 7407(d) (1) (A) (ii) or (iii) (Section
107 (d) (1) (A) (ii) or (iii) of the Clean Air Act). Area designations are contained
in 40 CFR 81.318.
- Section 3. I inbient Air Increments. In areas designated as Class I or II,
increases in pollutant concentration over the baseline concentration shall be
limited to the levels specified in Section 23 of this administrative regulation.
For a period other than an annual period, the applicable maximum allowable
increase may be exceeded during one (1) such period per year at any one (1)
location -
Section 4. Ambient Air Ceilings. No concentration of a pollutant
specified in Section 2 of this administrative regulation shall exceed:
(1) The concentration permitted under the national secondary ambient air
quality standard; or
(2) The concentration permitted under the national primary ambient air
quality standard, whichever concentration is lower for the pollutant for a period
of exposure.
Section 5. Area Classifications. (1) The following areas which were in
existence on August 7, 1977, shall be Class I areas and shall not be
redesignated:
(a) International parks;
(b) National wilderness areas and national memorial parks which exceed
5,000 acres in size; and
Cc) National parks which exceed 6,000 acres in size.
(2) Any other area, unless otherwise specified in the legislation
creating the area, is designated Class II but may be redesignated as provided in
40 CFR 51.166(g).
(3) The visibility protection requirements of this administrative
regulation shall apply only to sources which may impact a mandatory Class I
federal area.
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(4) The following areas may be redesignated only as Class I or II:
(a) An area which as of August 7, 1977, exceeded 10,000 acres in size and
was a national monument, a national primitive area, a national preserve, a
national recreational area, a national wild and scenic river, a national wildlife
refuge, a national lakeshore or seashore; and
(b) A national park or national wilderness area established after August
7, 1977, which exceeds 10,000 acres in size.
Section 6. Exclusions from Increment Consumption. (1) The cabinet may,
after notice and opportunity for at least one (1) public hearing to be held in
accordance with procedures established in 401 KAR 50:035, exclude the following
concentrations in determining compliance with a maximum allowable increase:
(a) Concentrations attributable to the increase in emissions from
stationary sources which have been converted from the use of petroleum products,
natural gas, or both by reason of an order in effect under a federal statute or
regulation over the emissions from the sources before the effective date of the
order;
(b) Concentrations attributable to the increase in emissions from sources
which have converted from using natural gas by reason of a natural gas
curtailment plan in effect pursuant to the federal statute over the emissions
from those sources before the effective date of the plan;
Cc) Concentrations of particulate matter attributable to the increase in
emissions from construction or other temporary emission-related activities of new
or modified sources; and
Cd) Concentrations attributable to the temporary increase in emissions
of sulfur dioxide, particulate matter, or nitrogen oxides from stationary sources
which are affected by SIP revisions approved by the Administrator of the U.S. EPA
as meeting the criteria specified in subsection (4) of this section.
(2) Exclusion of concentrations shall not apply more than five (5) years
after the effective date of the order to which subsection (1) (a) of this section
refers or the plan to which subsection (1) (b) of this section refers, whichever
is applicable. If both an order and plan are applicable, no exclusion shall
apply more than five (5) years after the later of the two (2) effective dates.
(3) For excluding concentrations pursuant to subsection (1) (d) of this
section, the SIP revision shall specify the following provisions:
(a) The time over which the temporary emissions increase of sulfur
dioxide, particulate matter, or nitrogen oxides would occur. The time period
shall not exceed two (2) years in duration unless a longer time is approved by
the U.S. EPA;
(b) The time period for excluding certain contributions in accordance
with paragraph (a) of this subsection is not renewable;
Cc) No emissions increase will occur from a stationary source which
would: -
1. Impact a Class I area or an area where an applicable increment is
known to be violated; or
2. cause or contribute to the violation of a national ambient air
quality standard; and
Cd) Limitations shall be in effect at the end of the time period
established in paragraph (a) of this subsection which ensure that the emissions
levels from stationary sources affected by the SIP revision will not exceed those
levels occurring from those sources before the revision was approved.
Section 7. Stack Heights. (1) The degree of emission limitation required
for control of an air pollutant under this administrative regulation shall not
be affected by:
(a) So much of the stack height of a source as exceeds good engineering
practice; or
(b) Another dispersion technique.
(2) Subsection (1) of this section shall not apply to stack heights in
existence before December 31, 1970, or to dispersion techniques implemented
before then.
Section 8. Review of Major Stationary Sources and Major Modifications;
Source Applicability and Exemptions. (1) A major stationary source or major
modifications to which Sections 9 to 17 of this administrative regulation apply
shall not begin actual construction until it obtains a permit stating that the
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stationary source or modification shall comply with Sections 9 to 17 of this
administrative regulation.
(2) Sections 9 to 17 of this administrative regulation shall apply to a
major stationary source and major modification for each pollutant that it woul(
emit which is subject to regulation under 42 USC 7401 to 7671q (Clean Air Act),
except as required in Section 2 of this administrative regulation.
(3) Sections 9 to 17 of this administrative regulation shall apply only
to a major stationary source or major modification that will be constructed in
an area designated as attainment or unclassifiable pursuant to 42 USC
7407 Cd) (1) (A) (ii) or (iii) (Section 107(d) (1) (A) (ii) or (iii) of the Clean Air
Act).
(4) Sections 9 to 17 of this administrative regulation shall not apply
to a particular major stationary source or major modification if:
(a) The owner or operator:
1. Obtained the necessary federal, state, and local preconstruction
approvals effective before September 22, 1982;
2. Commenced construction before September 22, 1982; and
3. Did not discontinue construction for a period of eighteen (18) months
or more; or
(b) The source or modification would be a nonprofit health or nonprofit
educational institution, or a major modification would occur at the institution,
and the Governor of the Commonwealth of Kentucky requests that it be exempt from
those requirements;
Cc) The source or modification would be a major stationary source or
major modification only if fugitive emissions, to the extent quantifiable, are
considered in calculating the potential to emit of the stationary source or
modification and the source does not belong to any of the following categories:
1. Coal cleaning plants (with thermal dryers);
2. Kraft pulp mills;
3. Portland cement plants;
4. Primary zinc smelters;
5. Iron and steel mills;
6. Primary aluminum ore reduction plants;
7. Primary copper smelters;
8. Municipal incinerators capable of charging more than 250 tons of
refuse per day;
9. Hydrofluoric, sulfuric, or nitric acid plants;
10. Petroleum refineries;
11. Lime plants;
12. Phosphate rock processing plants;
13. Coke oven batteries;
14. Sulfur recovery plants;
15. Carbon black plants (furnace process);
16. Primary lead smelters;
17. Fuel conversion plants;
18. Sintering plants;
19. Secondary metal production plants;
20. Chemical process plants;
21. Fossil-fuel boilers (or combination of fossil-fuel boilers) totaling
more than 250 million BTU5 per hour heat input;
22. Petroleum storage and transfer units with a total storage capacity
exceeding 300,000 barrels;
23. Taconite ore processing plants;
24. Glass fiber processing plants;
25. Charcoal production plants;
26. Fossil fuel-fired steam electric plants of more than 250 million BTTJs
per hour heat input; or
27. Another stationary source category which, as of August 7, 1980, is
being regulated under 42 USC 7411 or 7412 (Section 111 or 112 of the Clean Air
Act); or
Cd) The source or modification is a portable stationary source which has
previously received a permit under this administrative regulation; and:
1. The owner or operator proposes to relocate the source and emissions
of the source at the new location would be temporary;
2. The emissions from the source would not exceed its allowable
emissions;
3. The emissions from the source would not impact a Class I area or an
area here an applicable increment i kr ow tc L€ “ic te : 9r 1
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4. Reasonable notice is given to the cabinet prior to the relocation
identifying the proposed new location and the probable duration of operation at
the new location. Notice shall be given to the cabinet not less than ten (10)
days in advance of the proposed relocation unless a different time duration is
previously approved by the cabinet.
Ce) The source or modification was not subject to this administrative
regulation with respect to particulate matter requirements in effect before July
31, 1987, and the owner or operator:
1. Obtained all final federal, state, and local preconstruction
approvals or permits necessary under the applicable SIP before July 31, 1987;
2. Commenced construction within eighteen (18) months after July 31,
1987; and
3. Did not discontinue construction for a period of eighteen (18) months
or more and completed construction within a reasonable period of time.
(f) The source or modification was subject to this administrative
regulation with respect to particulate matter requirements, as in effect before
July 31, 1987, and the owner or operator submitted an application for a permit
under this administrative regulation before that date, and the cabinet
subsequently determined that the application as submitted was complete with
respect to the particulate matter requirements then in effect in this
administrative regulation. If not, the requirements of Sections 9 to 17 of this
administrative regulation that were in effect before July 31, 1987, shall apply
to the source or modification.
(5) Sections 9 to 17 of this administrative regulation shall not apply
to a major stationary source or major modification with respect to a particular
pollutant if the owner or operator demonstrates that, for that pollutant, the
source or modification is located in an area designated as non-attainment
pursuant to 42 USC 7407 Cd) (1) (A) (i) (Section 107(d) (1) (A) Ci) of the Clean Air
Act).
(6) Sections 10, 12 and 14 of this administrative regulation shall not
apply to a major stationary source or major modification with respect to a
particular pollutant, if the allowable emissions of that pollutant from the
source, or the net emissions increase of that pollutant from the modifications:
(a) Will not impact a Class I area or an area where an applicable
increment is known to be violated: and
(b) Will be temporary.
(7) Sections 10, 12 and 14 of this administrative regulation as they
apply to a maximum allowable increase for a Class II area shall not apply to a
major modification at a stationary source that was in existence on March 1, 1978,
if the net increase in allowable emissions of each pollutant subject to
regulation under 42 USC 7401 to 7671q (Clean Air Act), from the modification
after the application of best available control technology will be less than
fifty (50) tons per year.
(8) The cabinet may exempt a stationary source or modification from the
monitoring requirements of Section 12 of this administrative regulation for a
particular pollutant if:
(a) The emissions increase of the pollutant from the new source or the
net emissions increase of the pollutant from the modification will cause air
quality impacts in an area which are less than the amounts given in Section 24
of this administrative regulation; or
(b) The concentrations of the pollutant in the area that the source or
modification would affect are less than the concentrations listed in Section 24
of this administrative regulation, or the pollutant is not listed in Section 24
of this administrative regulation.
(9) (a) At the discretion of the cabinet, the requirements for air
quality monitoring of PM 10 in Section 12 of this administrative regulation nay
not apply to a particular source or modification if the owner or operator of the
source or modification submitted an application for a permit under this section
on or before June 1, 1988, and the cabinet subsequently determines that the
application as submitted before that date was complete, except for the
requirements for monitoring particulate matter specified in Section 12 of this
administrative regulation.
(b) The requirements for air quality monitoring of PM 10 in Section 12 of
this administrative regulation shall apply to a particular source or modification
if the owner or operator of the source or modification submitted an application
for a permit under 40 CFR 52.21 or this administrative regulation after June 1,
1988, and no later than December 1, 1988. The data shall have been gathered over
at least the period from February 1, 1988, to the date the application becomes
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complete in accordance with Section 12 of this administrative regulation, unless
the cabinet determines that a complete and adequate analysis can be accomplished
with monitoring data over a shorter period (not to be less than four (4) months),
the data that Section 12 of this administrative regulation requires shall havE
been gathered over that shorter period.
(10) The requirements of Section 10(2) of this administrative regulation
shall not apply to a stationary source or modification with respect to any
maximum allowable increase for PM 10 if the owner or operator of the source or
modification submitted an application for a permit under 40 CFR 52.21 or this
administrative regulation before the date the provisions embodying the maximum
allowable increases for PM 10 took effect, and the cabinet subsequently determined
that the application as submitted before that date was complete. Instead, the
requirements of Section 10(2) shall apply for the maximum allowable increases for
TSP as in effect on the day the application was submitted.
(11) The requirements of Section 10(2) of this administrative regulation
shall not apply to a stationary source or modification with respect to a maximum
allowable increase f or nitrogen oxides if the owner or operator of the source or
modification submitted an application for a permit under 40 CFR 52.21 or this
administrative regulation before the date on which the provisions embodying the
maximum allowable increase took effect, and the cabinet subsequently determined
that the application as submitted before that date was complete.
Section 9. Control Technology Review. (1) A major sta ionary source or
major modification shall meet each applicable emissions limitation under Title
401, KAR Chapters 50 to 65, and each applicable emission standard and standard
of performance under 40 CFR 60, 61, and 63.
(2) A new major stationary source shall apply best available control
technology for each pollutant subject to regulation under 42 USC 7401 to 767lq
(Clean Air Act), that it will have the potential to emit in significant amounts.
(3) A major modification shall apply best available control technology
for each pollutant subject to regulation under 42 USC 7401 to 7671q (Clean Air
Act), for which it will result in a significant net emissions increase at the
source. This requirement applies to each proposed emissions unit at which a net
emissions increase in the pollutant will occur as a result of a physical change
or change in the method of operation of the unit.
(4) For phased construction projects, the determination of best available
control technology shall be reviewed and modified as appropriate at the latest
reasonable time which occurs no later than eighteen (18) months prior to
commencement of construction of each independent phase of the project. The owner
or operator of the applicable stationary source may then be required to
demonstrate the adequacy of a previous determination of best available control
technology for the source.
Section 10. Source Impact Analysis. The owner or operator of the proposed
source or modification shall demonstrate that allowable emission increases from
the proposed source or modification, in conjunction with all other applicable
emissions increases or reductions (including secondary emissions), will not cause
or contribute to air pollution in violation of:
(1) A national ambient air quality standard in an air quality control
region; or
(2) An applicable maximum allowable increase over the baseline
concentration in an area.
Section 11. Air Quality Models. (1) Estimates of ambient concentrations
shall be based on the applicable air quality models, data bases, and other
requirements specified in 40 CFR Part 51, Appendix W (“Guideline on Air Quality
Models (Revised)” (1986), Supplement A (1987), Supplement B (1993), and
Supplement C (1996)), incorporated by reference in Section 21 of this
administrative regulation.
(2) If an air quality model specified in 40 CFR Part 51, Appendix W, is
inappropriate, the model may be modified or another model substituted. This
change shall be subject to notice and opportunity for public comment under
Section 16 of this administrative regulation. Written approval of the U.S. EPA
shall be obtained for a modification or substitution. Methods similar to those
outlined in the “Workbook for the Comparison of Air Quality Models,” specified
in 401 KAR 50:040, Section 1(3). shall be used to determine the comparability of
air quality models.
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Section 12. Air Quality Analysis. (1) Preapplication analysis.
(a) An application for a permit under this administrative regulation
shall contain an analysis of ambient air quality in the area that the major
stationary source or major modification will affect for each of the following
pollutants:
1. For a source, each pollutant that it will have the potential to emit
in a significant amount as defined in Section 1(37) of this administrative
regulation;
2. For a modification, each pollutant for which it will result in a
significant net emissions increase.
(b) With respect to a pollutant for which no national ambient air quality
standard exists, the analysis shall contain the air quality monitoring data the
cabinet determines necessary to assess ambient air quality for that pollutant in
an area that the emissions of that pollutant will affect.
(c) For pollutants (other than nonmethane hydrocarbons) for which a
standard does exist, the analysis shall contain continuous air quality monitoring
data gathered to determine if emissions of that pollutant will cause or
contribute to a violation of the standard or a maximum allowable increase.
(d) The required continuous air quality monitoring data shall have been
gathered over a period of at least one Cl) year and shall represent at least the
year preceding receipt of the application, except that, if the cabinet determines
that a complete and adequate analysis can be accomplished with monitoring data
gathered over a period shorter than one (1) year, but not less than four (4)
months (e.g. with data obtained during a time period when maximum air quality
levels can be expected), the required data shall have been gathered over at least
that shorter period.
(e) The owner or operator of a proposed stationary source or modification
of volatile organic compounds who satisfies all conditions of 40 CFR Part 51,
Appendix S , section IV, may provide post-approval monitoring data for ozone in
lieu of providing preconstruction data required under paragraphs (a) to Cd) of
this subsection.
(f) For an application that is complete, except for the requirements of
paragraphs (c) and (d) of this subsection pertaining to PM 10 , after December 1,
1988, and no later than August 1, 1989, the data that paragraph Cc) of this
subsection requires shall have been gathered over at least the period from August
1, 1988, to the date the application becomes otherwise complete, unless the
cabinet determines that a complete and adequate analysis can be accomplished with
monitoring data over a shorter period (not to be less than four (4) months), the
data that paragraph (C) of this subsection requires shall have been gathered over
that shorter period.
(g) For air quality monitoring of PM 0 under Section 8 (9) (a) and (b) of
this administrative regulation, the owner or operator of the source or
modification shall use a monitoring method approved by the cabinet and shall
estimate the ambient concentrations of PM 10 using the data collected by that
approved monitoring method in accordance with estimating procedures approved by
the cabinet.
(2) Post-construction monitoring. The owner or operator of a major
stationary source or major modification, after construction of the stationary
source or modification, shall conduct the ambient monitoring which the cabinet
determines is necessary to determine the effect emissions from the stationary
source or modification may have, or are having, on air quality in an area.
(3) Operation of monitoring stations. The owner or operator of a major
stationary source or major modification shall meet the requirements of 40 CFR
Part 58, Appendix B, which is incorporated by reference in Section 21 of this
administrative regulation, during the operation of monitoring stations to satisfy
subsections (1) and (2) of this section.
Section 13. Source Information. The owner or operator of a proposed source
or modification shall submit all information necessary to perform an analysis or
make a determination required under this administrative regulation.
(1) For a major source or major modification to which Sections 9, 11, 13
and 15 of this administrative regulation apply, the information shall include:
(a) A description of the nature, location, design capacity, and typical
operating schedule of the source or modification, including specifications and
drawings showing its design and plant layout;
(b) A detailed schedule for construction of the source or modification;
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(c) A detailed description of the system of continuous emission reduction
planned for the source or modification, emission estimates, and other information
necessary to determine that best available control technology will be applied.
(2) Upon request of the cabinet, the owner or operator shall also provic’
information on:
(a) The air quality impact of the source or modification, including
meteorological and topographical data necessary to estimate the impact; and
(b) The air quality impacts and the nature and extent of general
commercial, residential, industrial, and other growth which has occurred since
August 7, 1977, in the area the source or modification will affect.
Section 14. Additional Impact Analysis. (1) The owner or operator shall
provide an analysis of the impairment to visibility, soils and vegetation that
would occur as a result of the source or modification and general commercial,
residential, industrial and other growth associated with the source or
modification. The owner or operator is not required to provide an analysis of
the impact on vegetation having no significant commercial or recreational value.
(2) The owner or operator shall provide an analysis of the air quality
impact projected for the area as a result of general commercial, residential,
industrial and other growth associated with the source or modification.
(3) Visibility monitoring. The cabinet may require monitoring of
visibility in a Class I area impacted by the proposed new stationary source or
major modification using human observations, teleradiometers, photographic
cameras, nephelometers, fine particulate monitors, or other appropriate methods
as specified by the U.S. EPA. The method selected shall be determined on a case-
by-case basis by the cabinet. Visibility monitoring required by the cabinet in
a Class I area shall be approved by the federal land manager. Data obtained from
visibility monitoring shall be made available to the cabinet, U.S. EPA, and the
federal land manager, upon request.
Section 15. Sources Impacting Class I Areas; Additional Requirements. (1)
Notice to U.S. EPA and federal land managers. The cabinet shall provide written
notice to the U.S. EPA, the federal land manager, and the federal official
charged with direct responsibility for management of lands within a Class I area
of a permit application for a proposed major stationary source or majo
modification the emissions from which may affect the Class I area. The cabinet
shall provide notice promptly after receiving the application.
The notice shall include a copy of all information relevant to the permit
application and shall be given within thirty (30) days of receipt, and at least
sixty (60) days prior to the public hearing on the application for a permit to
construct. The notice shall include an analysis of the proposed source’s
anticipated impacts on visibility in the Class I area. The cabinet shall also
provide the federal land manager and other federal officials with a copy of the
preliminary determination required under Section 16 of this administrative
regulation, and shall make available to them the materials used in making that
determination, promptly after the cabinet makes it. The cabinet shall also
notify all affected federal land managers within thirty (30) days of receipt of
an advance notification of the permit application.
(2) Federal land manager. The ‘federal land manager and the federal
official charged with direct responsibility for management of lands located in
a Class I area have an affirmative responsibility to protect the air quality
related values (including visibility) of the lands, and to consider, in
consultation with the cabinet, whether a proposed source or modification will
have an adverse impact on those values.
(3) Visibility analysis. The cabinet shall consider an analysis
performed by the federal land manager, provided within thirty (30) days of the
notice and analysis required by subsection (1) of this section, that shows that
a proposed new major stationary source or major modification may have an adverse
impact on visibility in a Class I area. If the cabinet finds that an analysis
does not demonstrate to the satisfaction of the cabinet that an adverse impact
on visibility will result in the Class I area, the cabinet shall, in the public
notice required in 401 KAR 50:035, either explain that decision or give notice
as to where the explanation can be obtained.
(4) Denial; impact on air quality related values. The federal land
manager of lands located in a Class I area may demonstrate to the cabinet that
the emissions from a proposed source or modification will have an adverse impact
on the air quality related values (including visibility) of those lands,
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notwithstanding that the change in air quality resulting from emissions from the
proposed source or modification will not cause or contribute to concentrations
which would exceed the maximum allowable increases for a Class I area as defined
in Section 23 of this administrative regulation. If the cabinet concurs with the
demonstration then the cabinet shall not issue the permit.
(5) Class I variances. The owner or operator of a proposed source or
modification may demonstrate to the federal land manager that the emissions from
the source or modification will have no adverse impact on the air quality related
values of lands located in a Class I area (including visibility), notwithstanding
that the change in air quality resulting from emissions from the source or
modification will cause or contribute to concentrations which would exceed the
maximum allowable increases for a Class I area. If the federal land manager
concurs with the demonstration and he so certifies, the cabinet may, if the
other applicable requirements of this administrative regulation are met, issue
the permit with the emission limitations that are necessary to assure that
emissions of sulfur dioxide, particulate matter, and nitrogen oxides will not
exceed the maximum allowable increases over minor source baseline concentration
for the pollutants specified in Section 25 of this administrative regulation.
(6) Sulfur dioxide variance by governor with federal land manager’s
concurrence. The owner or operator of a proposed source or modification which
cannot be approved under subsection (5) of this section because the source cannot
be constructed without exceeding a maximum allowable increase in sulfur dioxide
applicable to a Class I area for a period of twenty-four (24) hours or less, may
demonstrate to the Governor of the Commonwealth of Kentucky that a variance under
this clause will not adversely affect the air quality related values of the area
(including visibility). The governor, after consideration of the federal land
managers recommendation (if applicable) and subject to his concurrence, may,
after notice and public hearing, grant a variance from the maximum allowable
increase. If a variance is granted, the cabinet shall issue a permit to the
source or modification under the requirements of subsection (8) of this section,
if the other applicable requirements of this administrative regulation are met.
(7) Variance by the governor with the President’s concurrence. If the
Governor of the Commonwealth of Kentucky recommends a variance in which the
federal land manager does not concur, the recommendations of the governor and the
federal land manager shall be transmitted to the President of the United States
of America. If the variance is approved by the Presid nt, the cabinet shall
issue a permit pursuant to the requirements of subsection (8) of this section,
if the other applicable requirements of this administrative regulation are met.
(8) Emission limitations for presidential or gubernatorial variance. For
a permit issued pursuant to subsections (6) or (7) of this section the source or
modification shall comply with those emission limitations necessary to assure
that emissions of sulfur dioxide from the source or modification will not (during
a day on which the other applicable maximum allowable increases are exceeded)
cause or contribute to concentrations which will exceed the maximum allowable
increases over the baseline concentration as specified in Section 26 of this
administrative regulation and to assure that the emissions will not cause or
contribute to concentrations which exceed the other applicable maximum allowable
increases for periods of exposure of twenty-four (24) hours or less for more than
a total of eighteen (18) days, not necessarily consecutive, during an annual
period.
Section 16. Public Participation. The cabinet shall follow the applicable
procedures of 401 KAR 50:035 and 40 CFR 51.166(q) in processing applications
under this administrative regulation.
Section 17. Source Obligation. (1) An owner or operator who constructs or
operates a source or modification not in accordance with the application
submitted to the cabinet under this administrative regulation or under the terms
of an approval to construct; or an owner or operator of a source or modification
subject to this administrative regulation who begins actual construction after
September 22, 1982, without applying for and receiving approval, shall be
subject to appropriate enforcement action.
(2) Approval to construct shall become invalid if construction is not
commenced within eighteen (18) months after receipt of the approval, if
construction is discontinued for a period of eighteen (18) months or more, or if
construction is not completed within a reasonable time. The cabinet may extend
the eighteen (18) month period upon a satisfactory showing that an extension is
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justified. This provision shall riot apply to the time period between
construction of the approved phases of a phased construction project; each phase
shall commence construction within eighteen (18) months of the projected and
approved commencement date.
(3) Approval to construct shall not relieve an owner or operator of th
responsibility to comply fully with Title 401, KAR Chapters 50 to 63, and other
requirements of local, state, or federal law.
(4) When a particular source or modification becomes a major stationary
source or major modification solely by virtue of a relaxation in an enforceable
limitation which was established after August 7, 1980, on the capacity of the
source or modification to emit a pollutant, such as a restriction on hours of
operation, then Sections 9 to 18 of this administrative regulation shall apply
to the source or modification as though construction had not yet commenced on the
source or modification.
Section 18. Environmental Impact Statements. If a proposed source or
modification is subject to action by a federal agency which might necessitate
preparation of an environmental impact statement pursuant to 42 USC 4321 to 4370d
(the National Environmental Policy Act), review by the cabinet conducted pursuant
to this administrative regulation shall be coordinated with the broad
environmental reviews under that Act and under 42 USC 7609 (Section 309 of the
Clean Air Act), to the maximum extent feasible and reasonable.
Section 19. Innovative Control Technology. (1) An owner or operator of a
proposed major stationary source or major modification may request the cabinet
in writing to approve a system of innovative control technology.
(2) The cabinet shall, with the consent of the governors of other
affected states, determine that the source or modification may employ a system
of innovative control technology if:
(a) The proposed control system will not cause or contribute to an
unreasonable risk to public health, welfare, or safety in its operation or
function;
(b) The owner or operator agrees to achieve a level of continuous
emissions reduction equiv lent to that which would have been required under
Section 9(2) of this administrative regulation by a date specified by th
cabinet. The date shall not be later than four (4) years from the time ot
startup or seven (7) years from permit issuance;
(c) The source or modification will meet Sections 9 and 10 of this
administrative regulation based on the emissions rate that the stationary source
employing the system of innovative control technology will be required to meet
on the date specified by the cabinet;
(d) The source or modification will not before the- date specified by the
cabinets
1. Cause or contribute to a violation of an applicable national ambient
air quality standard; or
2. Impact an area where an applicable increment is known to be violated;
(e) Section 15 of this administrative regulation (relating to Class I
areas) has been satisfied for all periods during the life of the source or
modification; and
(f) All other applicable requirements including those for public
participation have been met.
(3) The cabinet shall withdraw approval to employ a system of innovative
control technology if:
(a) The proposed system fails by the specified date to achieve the
required continuous emissions reduction rate;
(b) The proposed system fails before the specified date so as to
contribute to an unreasonable risk to public health, welfare, or safety; or
(c) The cabinet decides that the proposed system is unlikely to achieve
the required level of control or to protect the public health, welfare, or
safety.
(4) If a source or modification fails to meet the required level of
continuous emission reduction within the specified time period or the approval
is withdrawn in accordance with subsection (3) of this section, the cabinet may
allow the source or modification up to an additional three (3) years to meet the
requirement for the application of best available control technology through use
of a demonstrated system of control.
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Section 20. Permit Condition Rescission. (1) (a) An owner or operator
holding a permit for a stationary source or modification which contains
conditions pursuant to 401 KAR 51:015 or 401 KAR 5l:016E may request that the
cabinet rescind the applicable conditions.
(b) An owner or operator of a stationary source or modification who holds
a permit for the source or modification which was issued under this
administrative regulation as in effect on July 30, 1987, or an earlier version
of this administrative regulation, may request that the cabinet rescind the
permit or a particular portion of the permit.
(2) The cabinet shall rescind a permit condition if requested and if the
applicant can demonstrate to the satisfaction of the cabinet that this
administrative regulation does not apply to the source or modification or to a
portion of the source or modification.
Section 21. Reference Material. (1) Incorporation by reference. The
following documents are incorporated by reference:
(a)l. Standard Industrial Classification Manual 1987, published by the
Office of Management and Budget.
2. The manual is available under Order No. PB 87-100012 from the
National Technical Information Service, 5285 Port Royal Road, Springfield,
Virginia, 22161; Phone (703) 487-4650.
(b)1. Documents from the Code of Federal Regulations,
a. 40 CFR Part 51, Appendix W: Guideline on Air Quality Models
(Revised), (July, 1986), with Supplement A (July, 1987), Supplement B (July,
1993), and Supplement C (August, 1995), as published in the Code of Federal
Regulations, July 1, 1995, and as amended by 60 FR 40465 (August 9, 1995).
b. 40 CFR Part 58, Appendix B: Quality Assurance Requirements for
Prevention of Significant Deterioration (PSD) Air Monitoring, as published in the
Code of Federal Regulations, July 1, 1995, and as amended by 60 FR 52315 (October
6, 1995)
2. Copies of the Code of Federal Regulations and the Federal Register
may be obtained from the Superintendent of Documents, U.S. Government Printing
Office, Attn.: New Orders, P.O. Box 371954, Pittsburgh PA 15250-7954: Phone (202)
512-1800; FAX (202) 512-2250.
(2) The documents incorporated by reference in subsection (1) of this
section are available for public inspection and copying (subject to copyright
law) at the following main and regional offices of the Kentucky Division for Air
Quality during the normal working hours of 8:00 a.m. to 4:30 p.m., local time.
(a) Kentucky Division for Air Quality, 803 Schenkel Lane, Frankfort,
Kentucky 40601-1403, (502) 573-3382:
(b) Ashland Regional Office, 3700 Thirteenth Street, Ashland, Kentucky
41105-1507, , (606) 920-2067;
Cc) Bowling Green Regional Office, 1508 Westen Avenue, Bowling Green,
Kentucky 42104, (502) 746-7475;
(d) Florence Regional Office, 7964 Kentucky Drive, Suite 8, Florence,
Kentucky 41042, (606) 292-6411:
Ce) Hazard Regional Office, 233 Birch Street, Suite 2, Hazard, Kentucky
41701, (606) 435-6022;
(f) London Regional Office, 85 State Police Road, London, Kentucky,
40741, (606) 878-0157;
(g) Owensboro Regional Office, 3032 Alvey Park Drive W., Suite 700,
Owensboro, Kentucky 42303, (502) 687-7304; and
(h) Paducah Regional Office, 4500 Clarks River Road, Paducah, Kentucky
42003, (502) 898-8468.
51:017 - 17

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14 Mg/y (15 tpy)
combus tor
36 Mg/y (40 tpy)
Section 22. Significant Net Emissions Rates
POLLUTANT EMISSIONS RATE (tons per year)
Carbon monoxide 100 tons per year (tpy)
Nitrogen oxides 40 tpy
Sulfur dioxide 40 tpy
Particulate matter 25 tpy of particulate matter emissions
15 tpy of PM 10 emissions
Ozone 40 tpy of volatile organic compounds
Lead 0.6 tpy
Asbestos 0.007 tpy
Beryllium 0.0004 tpy
Mercury 0.1 tpy
Vinyl chloride 1 tpy
Fluorides 3 tpy
Sulfuric acid mist 7 tpy
Hydrogen sulfide (H 2 S) 10 tpy
Total reduced sulfur (including H 2 S)
10 tpy
Reduced sulfur compounds 10 tpy
(including H 2 S)
Municipal waste-combustor organics 3.2 x 10 6 megagrams per year (Mgfy)
(measured as total tetra- through
(3.5 x 106 tpy)
octa-chiorinated dibenzo-p-dioxins
and dibenzofuraris)
Municipal waste combustor metals
(measured as particulate matter)
Municipal waste acid gases
(measured as sulfur dioxide and
hydrogen chloride)
Municipal solid waste landfill emissions
45 Mg/y (50 tpy)
(measured as nonmethane organic compounds)
5l:Cl. - 13

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Section 23. Ambient Air Increments
POLLUTANT Maximum Allowable Increase
(Micrograms per cubic meter)
Class I
Particulate Matter:
PM 10 , annual arithmetic mean 4
PM 10 , 24-hour maximum 8
Sulfur Dioxide:
Annual arithmetic mean 2
24•hour maximum 5
3-hour maximum 25
Nitrogen Dioxide:
Annual arithmetic mean 2.5
Class II
Particulate Matter:
PM 10 , annual arithmetic mean 17
PN , 24-hour maximum 30
Sulfur Dioxide:
Annual arithmetic mean 20
24-hour maximum 91
3-hour maximum 512
Nitrogen Dioxide:
Annual arithmetic mean 25
Section 24. Significant Air Quality Impact
POLLUTANT AIR QUALITY LEVEL AVERAGING TIME
Carbon monoxide 575 ig/m 8-hour average
Nitrogen dioxide 14 jig/m 3 annual average
Particulate matter 10 g/m 3 of PM 10 24-hour average
Sulfur dioxide 13 g/ i 24-hour average
Ozone No de minimis air quality level is provided for ozone.
However, a net increase of 100 tons per year or more
of volatile organic compounds subject to this
administrative regulation is required to perform an
51:017 - 19

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Lead
Mercury
Beryllium
Fluorides
Vinyl chloride
Hydrogen sulfide
Total reduced sulfur
Reduced sulfur compounds
3-month average
24-hour average
24-hour average
24-hour average
24-hour average
1-hour average
1-hour average
1-hour average
Terrain areas
Period of Exposure
24-hour maximum
3-hour maximum
T rw ,r . Oir,h
36 62
130
221
Effective Date: March 12, 1997
Original Req
1st Revision
2nd Revision
3rd Revision
4th Revision
5th Revision
Date Submitted
to EPA
FEB 20, 1986
DEC 29, 1986
FEB 09, 1988
JUL 07, 1988
OCT 20, 1992
MAR 28, 1997
Date Approved
by EPA
SEP 01, 1989
NOV 28, 1989
NOV 06, 1989
FEB 07, 1990
JUN 23, 1994
JUL 24, 1998
Federal
Register
54 FR 36307
54 FR 48887
54 FR 46612
55 FR 4169
59 FR 32343
63 FR 39741
ambient impact analysis including the gathering of
ambient air quality data.
0.1 jig/rn 3
0.25 jig/rn 3
0.001 jig/rn 3
0.25 jig/NJ
15 ug/in 3
0.2 jig/rn 3
10 jig/rn 3
10 jig/rn
Section 25. ambient
Air Increments for Class I Variances
Maximum Allowable Increase
POLLUTANT (micrograms per cubic meter)
Particulate Matter:
PM 10 , annual arithmetic mean 17
PM 10 , 24-hour maximum 30
Sulfur Dioxide:
Annual arithmetic mean 20
24-hour maximum 91
3-hour maximum 325
Nitrogen Dioxide:
- Annual arithmetic mean 25
Section 26. nibient Air Increments for Presidential or Gubernatorial SO
Variances Maximum Allowable Increase
(Micrograms per cubic meter)
51:017 20

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401 KAR 51:052. Review of new sources in or impacting upon nonattaininent
areas.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department of Environmental Protection
Division of Air Quality
RELATES TO: KRS 224.20-100, 224.20-110, 224.20-120; 42 USC 7401-7626; 42 USC
7407(d) (1) (A) (i) (ii), and (iii); 42 USC 7410; 40 CFR Part 51, Subpart 1; 40
CFR.51.165; 40 CFR 51.166(g); 40 CFR 52.21; 40 CFR 52.21(r); 40 CFR Part 60;
40 CFR Na 61; 40 CFR 81, Subpart D; 40 CFR 81.318, June 28, 1989 Federal
Register (54 FR 27274)
STATUTORY AUTHORITY: KRS 224.10-100
NECESSITY AND FUNCTION: KRS 224.10-100 requires the Natural Resources and
Environmental Protection Cabinet to prescribe administrative regulations for
the prevention, abatement, and control of air pollution. 42 USC 7410 likewise
requires the state to implement standards for national primary and secondary
ambient air quality. This administrative regulation establishes requirements
for the construction or modification of stationary sources within, or
impacting upon, areas where the national ambient air quality standards have
not been attained.
Section 1. Definitions. As used in this administrative regulation, terms not
defined shall have the meaning given them in 401 KAR 51:001 or, for terms
relating to the protection of visibility, in 401 KAR 51:017.
(1) “Actual emissions” means the actual rate of emissions of a pollutant
from an emission unit, as determined in accordance with paragraphs (a)
to (c) of this subsection.
(a) Actual emissions as of a particular date shall equal the average
rate, in tons per year, at which the emission unit actually
emitted the pollutant during a two (2) year period which precedes
the particular date and which is representative of normal source
operation. The cabinet shall allow the use of a different time
period upon a determination that it is more representative of
normal source operation. Actual emissions shall be calculated
using the emission unit’s actual operating hours, production
rates, and types of materials processed, stored, or combusted
during the selected time period.
Ib) The cabinet may presume that source specific allowable missions
for the emission unit are equivalent to the actual emissions of
the emission unit.
Cc) For an emission unit which has not begun normal operations on the
particular date, actual emissions shall equal the potential to
emit of the emission unit on that date.
(2) “Adverse impact on visibility” means visibility impairment which
interferes with the management, protection, preservation or enjoyment of
the visitor’s visual experience of the Class I area.
(3) “Allowable emissions” means the emissions rate calculated using the
maximum rated capacity of the source (unless the source is subject to
state and federally enforceable permit conditions which limit operating
rate, or hours of operation, or both) and the most stringent of the
following:
(a) The applicable new source performance standards set forth in Title
401, Chapters 57 and 59, or 40 CFR Parts 60 and 61;
(b) Any other state and federally approved regulatory emission
limitations, including those with a future compliance date; or
51:052 - 1

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(c) The emission rate specified as a state and federally enforceable
permit condition, including those with a future compliance date.
(4) “Begin actual construction” means initiation of physical on-site
construction activities on an emission unit which are of a permanent
nature. Activities include, but are not limited to, installation of
building supports and foundations, laying of underground pipework, and
construction of permanent storage structures. With respect to a change
in method of operating, this term refers to those on-site activities
other than preparatory activities which mark the initiation of the
change -
(5) “Building, structure, facility, or installation,” means all of the
pollutant emitting activities which belong to the same industrial
grouping, are located on one (1) or more contiguous or adjacent
properties, and are under the control of the same person (or
persons,under common control), except the activities of a vessel.
Pollutant-emitting activities shall be considered as part of the same
industrial grouping if they belong to the same major group (i.e., they
have the same two (2) digit code) as described in the Standard
Industrial Classification Manual, 1987, as incorporated by reference in
Section 21 of 401 [ (AR 51:017.
(6) “Classification date” means September 22, 1982.
(7) “Commence,” as applied to construction of a major stationary source or
major modification, means that the owner or operator has all necessary
preconstruction approvals or permits and has either:
(a) Begun, or caused to begin, a continuous program of actual on-site
construction of the source, to be completed within a reasonable
time; or
(b) Entered into agreements or contractual obligations which cannot be
canceled or modified without substantial loss to the owner or
operator to undertake a program of construction of the source to
be completed within a reasonable time.
(8) “Construction” means a physical change or change in the method of
operation, including fabrication, erection, installation, demolition, or
modification of an emission unit, which would result in a change in
actual emissions.
(9) “Emission unit” means a part of a stationary source which emits or would
have the potential to emit a pollutant subject to regulation under 42
USC 7401-7626.
(10) “Federal land manager” means, with respect to lands in the United
States, the secretary of the department with authority over those lands.
(11) “Federally enforceable” means all limitations and conditions which are
enforceable by the U.S. Environmental Protection Agency (U.S. EPA),
including those requirements developed pursuant to 40 CFR Parts 60 and
61, requirements within an applicable State Implementation Plan, and a
permit requirement established pursuant to 40 CFR 52.21, or under
regulations approved pursuant to 40 CFR Part 51, Subpart 1. including
operating permits issued under a U.S. EPA approved program incorporated
into the State Implementation Plan, which expressly requires adherence
to a permit issued under the program.
(12) “Fugitive Emissions” means those emissions that could not reasonably
pass through a stack, chimney, vent, or other functionally equivalent
opening.
51:052 - 2

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(13) “Lowest achievable emissions rate” means, for a source, the more
stringent rate of emissions based on the following:
(a) The most stringent emissions limitation contained in an
implementation plan of a state for the class or category of
stationary source, unless the owner or operator of the proposed
stationary source demonstrates d= the limitation is not
achievable; or
(b) The most stringent emissions limitation achieved in practice by
the class or category of stationary source. This limitation, when
applied to a major modification, means the lowest achievable
emissions rate for the new or modified emission unit within the
stationary source. The application of this term shall not permit
a proposed new or modified stationary source to emit a pollutant
in excess of the amount allowable under an applicable s@d under
Title 401, Chapters 57 and 59, and 40 CFR Parts 60 and 61.
(14) “Major modification” means a physical change in or change in the method
of operation of a major stationary source that would result in a
significant net emissions increase of a pollutant subject to regulation
under 42 USC 7401-7626.
(a) A net emissions increase that is significant for volatile organic
compounds shall be significant ®for ozone.
(b) A physical change or change in the method of operation shall not
include:
1. Routine maintenance, repair, and replacement;
2. Use of alternative fuel or raw material by reason of an
order or by reason of a natural gas curtailment plan in
effect under a federal act;
3. Use of an alternative fuel at a steam generating unit to the
extent that the fuel is generated from municipal solid
waste;
4. Use of an alternative fuel or raw material by a stationary
source that:
a. The source was capable of accommodating before
December 21, 1976, unless the change would be
prohibited under a permit condition established after
December 21, 1976, pursuant to 40 CFR 52.21 or
pursuant to 401 KAR 51:017 or under regulations
established pursuant to 40 CFR 51.165; or
b. The source is approved to use under a permit issued
under this administrative regulation;
5. An increase in hours of operation or in production rate,
unless the change is prohibited under a permit condition
that was established after December 21, 1976, pursuant to 40
CFR 52.21 or pursuant to 401 KAR 51:017 or under regulations
established pursuant to 40 CFR 51.165; or
6. A change in ownership at a stationary source.
(15) “Major stationary source” means:
(a) Except as provided in paragraph (b) of this subsection, a
stationary source that emits, or has the potential to emit, 100
tons per year or more of a pollutant subject to regulation under
42 USC 7401-7626.
(b) For ozone nonattainment areas, a stationary source or group of
51:052 - 3

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sources located within a contiguous area and under common control
that emits or has the potential to emit the following:
1. For areas classified as serious, fifty (50) tons per year or
more of volatile organic compounds (VOCS) or nitrogen oxides
(NOx);
2. For areas classified as severe, twenty five (25) tons per
year or more of VOCs or NO ;
3. For areas classified as extreme, ten (10) tons per year or
more of VOCs or NO,,.
Cc) A physical change that would occur at a stationary source not
qualifying under paragraph (a) or (b) of this subsection as a
major stationary source, if the change would constitute a major
stationary source by itself.
Cd) A source that is major for VOCs shall be considered major for
ozone.
(16) “Mandatory Class I federal area” means an area identified in 40 CFR 81,
Subpart D, where the Administrator of the U.S. EPA, in consultation with
the Secretary of the United States Department of the Interior, has
determined visibility to be an important value.
(17) “Natural conditions” means naturally occurring phenomena that reduce
visibility as measured in terms of visual range, contrast, or
coloration.
(18) “Necessary preconstruction approvals or permits” means the permits or
approvals required under the regulations of Title 401, Chapters 50 to
63.
(19) “Net emissions increase” means the amount by which the sum of paragraphs
(a) and (b) of this subsection exceeds zero:
(a) An increase in actual emissions from a particular physical change
or changes in method of operation at a stationary source; and
(b) Another increase or decrease in actual emissions at the source
that is contemporaneous with the particular change and is
otherwise creditable.
(c) An increase or decrease in actual emissions is contemporaneous
with the increase from the particular change only if it occurs
between the date which is ten (10) years before construction on
the particular change commences, but not before December 21, 1976,
and the date that the increase from the particular change occurs.
Cd) An increase or decrease in actual emissions shall be creditable
only if the cabinet has not relied on it in issuing a permit for
the source under this administrative regulation, which permit is
in effect when the increase in actual emissions from the
particular change occurs.
Ce) An increase in actual emissions shall be creditable only to the
extent that the new level of actual emissions exceeds the old
level.
CE) A decrease in actual emissions shall be creditable only to the
extent that:
1. The old level of actual emissions or the old level of
allowable emissions, whichever is lower, exceeds the new
level of actual emissions;
51:052 - 4

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2. It is state and federally enforceable at and after the time
that actual construction on the particular change begins;
3. The cabinet has not relied on it in issuing a permit or in
demonstrating attainment or reasonable further progress; and
4. It has the same qualitative significance for public health
and welfare as that attributed to the increase from the
particular change.
(g) An increase that results from a physical change at a source occurs
when the emission unit on which construction occurred becomes
operational and begins to emit a particular pollutant. A
replacement unit that requires shakedown becomes operational only
after a reasonable shakedown period, not to exceed 180 days.
(20) “Potential to emit” means the maximum capacity of a stationary source to
emit a pollutant under its physical or operational design. A physical
or operational limitation on the capacity of the source to emit a
pollutant, including air pollution control equipment and restrictions on
hours of operation or on the type or amount of material combusted,
stored, or processed, shall be treated as part of its design if the
limitation or the effect it would have on emissions is state and
federally enforceable. Secondary emissions shall not be counted in
determining the potential to emit of a stationary source.
(21) “Reasonable further progress” means annual incremental reductions in
emissions of the applicable air pollutant which are sufficient, in the
judgment of the cabinet and the U.S. EPA, to provide for attainment of
the applicable ambient air quality standard by the date specified in 401
KAR 51:010, Section 2.
(22) “Secondary emissions” means emissions which would occur as a result of
the ,construction or operation of a major stationary source or major
modification, but do not come from the major stationary source or major
modification itself. For this administrative regulation, secondary
emissions shall be specific, well defined, and quantifiable, and shall
impact the same general area as the stationary source or modification
which causes the secondary emissions. Secondary emissions include
emissions from an offsite support facility that would otherwise not be
constructed or increase its emissions as a result of the construction or
operation of the major stationary source or major modification.
Secondary emissions shall not include emissions which come from a mobile
source, e.g., the emissions from the tailpipe of a motor vehicle, from a
train, or from a vessel.
(23) “significant” means, in reference to a net emissions increase or the
potential of a source to emit a pollutant, a rate of emissions that
would equal or exceed rates given in Section 12 of this administrative
regulation.
(24) “State Implementation Plan” means the most recently prepared plan or
revision required by 42 USC 7410 which has been submitted by the cabinet
and approved by the U.S. EPA.
(25) “Stationary source” means a building, structure, facility, or
installation that emits or may emit an air pollutant subject to
regulation under 42 USC 7401-7626.
(26) “Visibility impairment” means a humanly perceptible change in visibility
(visual range, contrast, coloration) from that which would have existed
under natural conditions.
51:052 - 5

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Section 2. Applicability.
(1) This administrative regulation shall apply to new major sources or major
modifications commenced after the classification date defined in Section
1(6) of this administrative regulation and that will locate in or impact
upon an area designated as nonattainment pursuant to 42 Usc
7407(d)(l)(A)(i). Area designations are contained in 40 CFR 81.318.
(2) The provisions of this administrative regulation relating to visibility
protection shall also apply to major sources or major modifications in
nonattainment areas which potentially have an impact on visibility in a
mandatory Class I federal area.
Section 3. Initial Screening Analyses and Determination of Applicable
Requirements.
(1) Review of all sources for emissions limitation compliance. The cabinet
shall examine each proposed major new source and proposed major
modification to determine if the source or modification will meet all
applicable emission requirements in Title 401, Chapters 50 to 63. If
the cabinet determines from the application and all other available
information that the proposed source or modification will not meet the
applicable emission requirements, the permit to construct shall be
denied.
(2) Review of specified sources of air quality impact. In addition, the
cabinet shall whether the major stationary source or major modification
would be constructed in an area designated as nonattainment pursuant to
42 USC 7407 (d) (1) (A) (i) for a pollutant for which the stationary source
or modification is major. If a designated rionattairiment area is
projected to be an attainment area as part of an approved control
strategy by the new source start-up date, offsets shall not be required
if the new source would not cause a new violation.
(3) Fugitive emission sources. Sections 5 and 11 of this administrative
regulation shall not apply to a source or modification that would be a
major stationary source or major modification Only if fugitive
emissions, to the extent quantifiable, are considered in calculating the
potential to emit of the stationary source or modification and the
source does not belong to one of the following categories:
(a) Coal cleaning plants (with thermal dryers);
(b) Kraft pulp mills;
Ic) Portland cement plants;
Id) Primary zinc smelters:
(e) Iron and steel mills;
If) Primary aluminum ore reduction plants;
(g) Primary copper smelters;
(h) Municipal incinerators capable of charging more than 250 tons of
refuse per day:
Ii) Hydrofluoric, sulfuric, or nitric acid plants;
(j) Petroleum refineries:
1k) Lime plants;
(1) Phosphate rock processing plants;
(m) Coke oven batteries;
In) Sulfur recovery plants;
(o) Carbon black plants (furnace process);
(p) Primary lead smelters;
(q) Fuel conversion plants;
(r) Sintering plants;
- 6

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Cs) Secondary metal production plants;
Ct) Chemical process plants;
Cu) Fossil-fuel boilers (or combination of fossil-fuel boilers)
totaling more than 250 million BTUs per hour heat input;
Cv) Petroleum storage and transfer units with a total storage capacity
exceeding 300,000 barrels;
(w) Taconite ore processing plants;
Cx) Glass fiber processing plants;
(y) Charcoal production plants;
(z) Fossil fuel-fired steam electric plants of more than 250 million
BTUs per hour heat input; or
(aa) Another stationary source category which, as of August 7, 1980, is
being regulated under Title 401, Chapters 57 and 59, or 40 CFR
Parts 60 and 61.
Section 4. Sources Locating In Designated Attainment or Unclassifiable Areas.
(1) This section shall apply only to new major stationary sources or new
major modifications which will locate in designated attainment or
unclassifiable areas pursuant to 42 USC 7407 Cd) (1) (A) (ii) or (iii) if
the source or modification would cause impacts which exceed the
significance levels specified in Section 13 of this administrative
regulation at a locality that does not or would not meet the national
ambient air quality standards.
(2) Sources to which this section applies shall meet the requirements in
Section 5(1), (2) and (4) of this administrative regulation. However,
the sources may be exempt from Section 5(3) of this administrative
regulation.
(3) For sources of sulfur dioxide (SO 2 ), particulate matter, and carbon
monoxide, (CO), the determination of whether a new major source or major
modification will cause or contribute to a violation of a national
ambient air quality standard shall be made on a case-by@e basis using
the source’s allowable emissions in an approved atmospheric simulation
model pursuant to 401 KAR 50:040.
(4) For sources of NON, the initial determination of whether new major
source or major modification would cause or contribute to a violation of
the national ambient air quality standard for nitrogen dioxide (NO 2 )
shall be made using an approved atmospheric simulation model assuming
all the nitric oxide emitted is oxidized to N0 by the time the plume
reaches ground level. The initial concentration estimates may be
adjusted if adequate data are available to account for the expected
oxidation rate.
(5) For ozone, sources of VOCs locating outside a designated ozone
nonattainment area shall be presumed to have no significant impact on
the designated nonattainment area. If ambient monitoring indicates that
the area of source location is in fact nonattainment, then the source
shall be permitted under the applicable provisions of this
administrative regulation until the area is designated nonattainment
pursuant to 42 USC 7407 Cd) (IXA) (i)
(6) The determination as to whether a new major source or major modification
would cause or contribute to a violation of a national ambient air
quality standard shall be made as of the start-up date.
(7) Applications for major new sources and major modifications locating in
attainment or unclassifiable areas the operation of which would cause a
new violation of a national ambient air quality standard but would not
51:052 - 7

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contribute to an existing violation may be approved only if the
following conditions are met:
(a) The new source is required to meet an emission limitation, or a
design, operational or equipment standard, or existing sources are
controlled so that the new source will not cause a violation of a
national ambient air quality standard.
(b) The new emission limitations for the new and existing sources
affected shall be state and federally enforceable in accordance
with Section 7 of this administrative regulation.
Section 5. Conditions for Approval. This section shall apply to new major
stationary sources or major modifications which would be constructed in an
area designated as nonattainment pursuant to 42 USC 7407 Cd) (1) (A) Ci) for a
pollutant for which the stationary source or modification is major. Approval
may be granted only if the following conditions are met:
(1) The new major source or major modification shall be required to meet an
emission limitation which specifies the lowest achievable emission rate
for the source.
(2) The applicant shall demonstrate that all existing major sources owned or
operated by the applicant (or an entity controlling, controlled by, or
under common control with the applicant) in the Commonwealth of Kentucky
(Commonwealth) are in compliance with all applicable emission
limitations and standards specified in Title 401, Chapters 50 to 63, and
40 CFR Parts 60 and 61 and 42 USC 7401-7626, or are in compliance with
an expeditious state and federally enforceable compliance schedule or a
court decree establishing a compliance schedule.
(3) (a) Except in the case of VOCs or NO.. emissions from existing sources
in the affected area of the proposed new major source or
modification (whether or not under the same ownership) shall be
reduced (offset) so that there will be reasonable progress toward
attainment of the applicable national ambient air quality
standard. Only those transactions in which the emissions being
offset are from the same criteria pollutant category shall be
accepted.
(b) The ratio of total emission reductions of VOCs or NO,, to total
increased emissions of the same air pollutant shall be at least
the ratio indicated for the following ozone nonattainment area
classifications:
1. For marginal nonattainment areas, at least 1.]. to 1;
2. For moderate nonattainment areas, at least 1.15 to 1;
3. For serious nonattainment areas, at least 1.2 to 1;
4. For severe nonattainment areas, at least 1.3 to 1;
5. For extreme nonattainment areas, at least 1.5 to 1.
(4) The emission reductions shall provide a positive net air quality benefit
in the affected area. Atmospheric simulation modeling shall not be
required for VOCs and NO,,. Except as provided in Section 4(5) of this
administrative regulation, compliance with subsection (3) of this
section and Section 6(7) of this administrative regulation shall be
adequate to meet this condition.
(5) For a major, stationary source or major modification locating in an area
designated nonattainment with respect to that pollutant for which the
proposed source or modification is major, permits issued under this
administrative regulation shall specify that construction shall not
commence until the U.S. EPA has approved the cabinet’s plan relating to
the requirements of Nd D, Title 1, of 42 USC 7401-7626.
51:052 8

-------
(6) The proposed major stationary source or major modification shall include
in the application for a construction permit an analysis of the
alternative sites, sizes, production processes, and environmental
control techniques for the proposed source which demonstrates that
benefits of the proposed source significantly outweigh the environmental
and social costs imposed as a result of its location, construction, or
modification.
Section 6. Baseline for Determining Credit for Emission Offsets. The baseline
for determining credit for emission reductions or offsets shall be the
emission limitations in effect at the time the application to construct or
modify a source is filed. For areas where the demonstration of attainment for
the State Implementation Plan was based on actual emissions, the baseline for
determining offset credit shall be actual emissions. Credit for emission
offset purposes may be allowed for existing control @ goes beyond that
required by regulations. Offset calculations shall be made on a pound per
hour basis when all facilities involved in the emission offset calculations
are operating at their maximum expected or allowed production rate. Offsets
may be calculated on a tons per year basis if baseline emissions for existing
sources providing the offsets are calculated using the actual annual operating
hours for the previous two (2) year period. If the cabinet requires certain
hardware controls in lieu of an emission limitation, baseline allowable
emissions shall be based on actual operating conditions for the previous two
(2) year period in conjunction with the required hardware controls.
(1) No applicable emission limitation. If the requirements of the cabinet
do not contain an emission limitation for a source or source category,
the emission offset baseline involving the source shall be actual
emissions determined under actual operating conditions for the previous
two (2) year period. If the emission limitations required by the
cabinet allow greater emissions than the uncontrolled emission rate of
the source, emission offset credit shall be allowed only for control
below the uncontrolled emission rate.
(2) Combustion of fuels. The emissions for determining emission offset
credit involving an existing fuel combustion source shall be the
allowable emissions under the emission limitation requirements of the
cabinet for the type of fuel being burned at the time the new major
source or major modification application is filed. If the existing
source has switched to a different type of fuel at some earlier date, a
resulting emission reduction (either actual or allowable) shall not be
used for emission offset credit. If the existing source commits to
switch to a cleaner fuel at some future date, emission offset credit
based on the allowable emissions for the fuels involved shall not be
acceptable unless the -permit is conditioned to require the use of a
specified alternative control measure which would achieve the same
degree of emission reduction if the source switches back to a dirtier
fuel at some later date.
(3) Operating hours and source shutdown. A source may be credited with
emission reductions achieved by shutting down an existing source or
permanently curtailing production or operating hours below baseline
levels if the work force to be affected has been notified in writing of
the proposed shutdown or curtailment. Source shutdowns and curtailments
in production or operating hours occurring prior to the new source
application is filed shall not be used for emission offset credit.
However, where an applicant can establish that it shut down or curtailed
production after August 7, 1977, or less than one (1) year prior to the
date of permit application, whichever,is earlier, and the proposed new
source is a replacement for the shutdown or curtailment, credit for such
shutdown or curtailment may be applied to offset emissions from the new
source.
51:052 - 9

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(4) Credit f or hydrocarbon substitution. No emission offset credit shall be
allowed for replacing one (1) volatile organic compound with another of
lesser photochemical reactivity, unless the replacement compound is
methane, ethane, l,l,l-trichloroethane or trichiorofluoroethane.
(5) Banking of emission offset credit. New sources obtaining permits by
applying offsets after the effective date of this administrative
regulation may bank offsets that exceed the requirements of Section 5(3)
of this administrative regulation. An owner or operator of an existing
source that reduces its own emissions my bank a resulting reduction
beyond those required by regulation for use under this administrative
regulation, even if the offsets are applied immediately to a new source
permit. These banked emissions offsets may be used under the
preconstruction review program required in 42 USC 7401-7626 as long as
these banked emissions are identified and accounted for in the
Commonwealth’s control strategy.
(6) Offset credit for meeting NSPS or NESHAPS. If a source is subject to an
emission limitation established in a New Source Performance Standard
(NSPS) or a National Emission Standard for Hazardous Air Pollutants
(NESHAPS) in compliance with Title 401, Chapters 59 and 57 respectively,
and a different emission limitation is required by the cabinet, the more
stringent limitation shall be used as the baseline for determining
credit for emission offsets. The difference in emissions between NSPS
or NESHAPS and other emission limitations shall not be used as offset
credit.
(7) Offsets. The owner or operator of a new or modified major stationary
source shall comply with any offset requirement in effect under this
Section for increased emissions of an air pollutant only by obtaining
emission reductions of the air pollutant from the sane source.or other
sources in the same nonattainment area, except that the cabinet may
allow the owner or operator of a source to obtain the emission
reductions in another nonattainment area if:
(a) The other area has an equal or higher nonattainment classification
than the area in which the source is located; and
(b) Emissions from the other area contribute to a violation of the
national ambient air quality standard in the nonattainment area in
which the source is located.
Section 7. Administrative Procedures. The necessary emission offsets maybe
proposed either by the owner of the proposed source or by the cabinet. The
emission reduction shall be enforceable by the cabinet and the U.S. EPA and
shall be accomplished by the start-up date of the new source. If emission
reductions are to be obtained in a state that neighbors the Commonwealth for a
new source to be located in the Commonwealth, the emission reductions shall be
enforceable by the neighboring state or local agencies and the U.S. EPA.
(1) Source initiated emission offsets. The owner or operator of a source
may propose emission offsets which involve reductions from sources
controlled by the owner (internal emission offsets) or reductions from
other sources (external emission offsets, if the emission offsets meet
the requirements of this section and Section 5(3) of this administrative
regulation. An internal emission offset shall be made enforceable by
inclusion as a condition of the new source permit. An external emission
offset shall not be accepted unless the affected source is subject to a
new emission limitation requirement of the cabinet to ensure that its
emissions shall be reduced by a specified amount in a specified time.
The form of the new emission limitation shall be enforceable by the
cabinet and by the U.S. EPA.
51:052 - 10

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(2) Cabinet initiated emission offsets. The cabinet may commit to reducing
emissions from existing sources (including mobile sources) to provide a
net air quality benefit in the impact area of the proposed new source to
accommodate the proposed new source. The commitment shall be reflected
in the emission limitation requirements of the cabinet for the new and
existing sources as required by this section.
Section 8. Source Obligation.
(1) An owner or operator who constructs or operates an applicable source or
modification not in accordance with the application submitted pursuant
to Sections 4 and 5 of this administrative regulation or with the terms
of an approval to construct or an owner or operator of a source or
modification subject to this administrative regulation who begins actual
construction after September 22, 1982, without applying for and
receiving approval according to-the requirements of this section shall
be subject to appropriate enforcement action.
(2) Approval to construct shall become invalid if construction is not
commenced within eighteen (18) months after receipt of the approval, or
if construction is discontinued for a period of eighteen (18) months or
more, or if construction is not completed within a reasonable time. The
cabinet may extend the eighteen (18) month period upon satisfactory
showing that an extension is justified.
(3) Approval to construct shall not relieve an owner or operator of the
responsibility to comply fully with applicable provisions of Title 401,
Chapters 50 to 63, and any other requirements under local, state, or
federal law.
(4) At the time that a particular source or modification becomes a major
stationary source or major modification solely by virtue of a relaxation
in a. state and federally enforceable limitation which was established
after August 7, 1980, on the capacity of the source or modification
otherwise to emit a pollutant, such as a restriction on hours of
operation, then the requirements of this administrative regulation shall
apply to the source or modification as though construction had not yet
commenced on the source or modification.
Section 9. Permit Condition Rescission.
(1) An owner or operator holding a permit for a stationary source or
modification which was issued pursuant to 401 KAR 51:050 or 401 KAR
5l:O5lE may request that the cabinet rescind the permit condition.
(2) The cabinet shall rescind a permit condition if so requested if the
applicant can demonstrate to the satisfaction of the cabinet that this
administrative regulation does not apply to the source or modification
or a portion thereof if construction would have commenced after
September 22, 1982, and if the owner or operator demonstrates that the
rescission would not violate the requirements of Section 5(3) and
Section 8 of this administrative regulation.
Section 10. Class I Areas.
(1) The following areas which were in existence on August 7, 1977, shall be
Class I areas and shall not be redesignated:
(a) International parks;
(b) National wilderness areas and national memorial parks which exceed
5,000 acres in size; and
51:052 - 11

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Cc) National parks which exceed 6,000 acres in size.
(2) Another area, unless otherwise specified in the legislation creating th€
area, is designated Class H but may be redesignated as provided m 40 CFR
51.166(g), as published in the Code of Federal Regulations, Title 40,
July 1, 1991.
(3) The visibility protection requirements of this section and Section 11 of
this administrative regulation shall apply only to sources which may
impact a mandatory Class I federal area.
(4) The following areas may be redesignated only as Class I or 11:
(a) An area which as of August 7, 1977, exceeded 10,000 acres in size
and was a national monument, a national primitive area, a national
preserve, a national recreational area, a national wild and scenic
river, a national wildlife refuge, a national shore or seashore;
and
(b) A national park or national wilderness area established after
August 7, 1977, which exceeds 10,000 acres in size.
Section 11. Protection of Visibility.
(1) New source review-applicability arid exemptions.
(a) No stationary source or modification to which this section applies
shall begin actual construction without a permit which states d=
the stationary source or modification would meet those
requirements.
(b) This section shall apply to construction of a new major stationary
source or major modification that would both be constructed in an
area designated as nonattainment under 42 USC 7407(d) (1) (A) (i) and
potentially have an impact on visibility in a Class I area.
(c) This section shall.apply to a major stationary source or major
modification for each pollutant subject to regulation under 42 Usc
7401-7626 that it would emit, except as provided in paragraphs (d)
and (e) of this subsection.
Cd) This section shall not apply to a particular major stationary
source or major modification if:
1. The source or modification would be a nonprofit health or
nonprofit educational institution, or a major modification
would occur at the institution, and the Governor of the
Commonwealth requests that it be exempt from those
requirements.
2. The source is a portable stationary source which has
previously received a permit under this section; arid:
a. The owner or operator proposes to relocate thern source
and emissions of the source at the new location would
be temporary;
b. The emissions from the source would not exceed its
allowable emissions;
c. The emissions from the source would impact no Class I
area and no area where an applicable increment is
known to be violated; and
d. Reasonable notice is given to the cabinet prior to the
relocation, identifying the proposed new location and
the probable duration of operation at the new
‘2

-------
location. The notice shall be given to the cabinet
not less than ten (10) days in advance of the proposed
relocation unless a different time duration is
previously approved by the cabinet.
(e) This section shall not apply to a major stationary source or major
modification with respect to a particular pollutant, if the
allowable emissions of that pollutant from the source, or the net
emissions increase of that pollutant from the modification:
1. Would impact no Class I area and no area where an applicable
increment is known to be violated; and
2. Would be temporary.
(2) Visibility impact analyses. The owner or operator of a source shall
provide an analysis of the impairment to visibility that would occur in
a Class I area as a result of the source or modification and general
commercial, residential, industrial and other growth associated with the
source or modification.
(3) Federal land manager notification.
(a) The federal land manager and the federal official charged with
direct responsibility for management of Class I areas have an
affirmative responsibility to protect the air quality related
values (including visibility) of the Class I lands and to
consider, in consultation with the cabinet, whether a proposed
source or modification will have an adverse impact on these
values.
(b) The cabinet shall provide written notification to all affected
federal land managers of a permit application for a proposed new
major stationary source or major modification that may affect
visibility in a Class I area. The cabinet shall also provide the
notification to the federal official charged with direct
responsibility for management of lands within the Class I area.
The notification shall include a copy of all information relevant
to the permit application and shall be given within thirty (30)
days of receipt and at least sixty (60) days prior to a public
hearing on the application for a permit to construct. The
notification shall include an analysis of the proposed source’s
anticipated impacts on visibility in a Class I area. The cabinet
shall also notify all affected federal land managers within thirty
(30) days of receipt of an advance notification of the permit
application.
(c) The cabinet shall consider an analysis performed by the federal
land manager provided within thirty (30) days of the notification
and analysis required by paragraph (b) of this subsection, that
the proposed new major stationary source or major modification may
have an adverse impact on visibility in a Class I area. If the
cabinet finds that the analysis does not demonstrate to the
satisfaction of the cabinet that an adverse impact on visibility
will result in the Class I area, the cabinet shall, in the public
hearing notice required in 401 KAR 50:035, Section 4, either
explain that decision or give notice as to where the explanation
can be obtained.
(d) Adverse impact on visibility as it applies to Section 11(3) (c) of
this administrative regulation shall be determined on a case by-
case basis, taking into account the geographic extent, intensity,
duration, frequency, and time of visibility impairments, and how
these factors correlate with the times of visitor use of the Class
I area, and the frequency and time of natural conditions that
51:052 . 13

-------
reduce visibility.
(4) Public participation. The cabinet shall follow the applicable
procedures of 401 KAR 50:035 in processing applications under this
section. The cabinet shall follow the procedures at 40 CFR 52.21(r) as
in effect on August 7, 1980, to the extent that the procedures of 401
KAR 50:035 do not apply.
(5) National visibility goal. The cabinet shall only issue permits to those
sources whose emissions will be consistent with making reasonable
progress toward the national goal of preventing future, and remedying
existing, impairment of visibility in Class I areas which impairment
results from manmade air pollution. In making the decision to issue a
permit the cabinet may take into account the overriding factors of the
cost of compliance, the time necessary for compliance, the energy and
nonair quality environmental impacts of compliance, and the useful life
of the source.
(6) Monitoring. The cabinet may require monitoring of visibility in a Class
I area near the proposed new stationary source or major modification
using human observations, teleradiometers, photographic cameras,
nephelometers, fine particulate monitors, or other appropriate methods
as specified by the U.S. EPA. The method selected shall be determined
on a case-by case basis by the cabinet. The cabinet shall not undertake
visibility monitoring in a Class I area without the approval of the
federal land manager. Data obtained from visibility monitoring shall be
made available to the cabinet, the federal land manager, and the U.S.
EPA, upon request.
Section 12. Significant Pollutant and Emission Rate. For this administrative
regulation, the following pollutant and emission rates shall be considered
significant.
Carbon monoxide: 100 tons per year (tpy)
Nitrogen oxides: 40 tpy
Sulfur dioxide: 40 tpy
Particulate matter: 25 tpy of particulate matter emissions
15 tpy of PM 10 emissions
Ozone: 40 tpy of volatile organic compounds
Lead: 0.6 tpy
Section 13. Significant Levels of Air Quality Impact. For this
administrative regulation, the following levels of air quality impact shall be
considered significant.
Averaging Time
Annual
Pollutant Average 24-Hour 8-Hour 3-Hour 1-Hour
Sulfur Dioxide 1.0 jig/rn 3 5 jig/rn 3 25 jig/rn 3
PM 0 : 1. Oiig/m 3 5 jig/rn 3
Nitrogen Dioxide 1. Oug/m 3
Carbon Monoxide 0.5mg/rn 3 2mg/mi
Effective Date: February 8, 1993
51:052 - 14

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Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg Replaced Emergency Regulation (401 KAR 51:052E)
1st Revision JUL 07, 1988 FEB 07, 1990 55 FR 4169
(Appendix change)
2nd Revision FEB 17, 1993 JUN 23, 1994 59 FR 32343
51:052 - 15

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401 KAR 53:005. General provisions.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
Relates to: KRS Chapter 224
Pursuant to: KRS 13.082, 224.033
Necessity and Function: KRS 224.033 requires the Natural Resources and
Environmental Protection Cabinet to prescribe regulations for the prevention,
abatement, and control of air pollution. This regulation is to provide toi
the establishment of general provisions, definitions and time schedules as
they pertain to this chapter.
Section 1. Purpose and intention.
(1) The purpose of the primary ambient air quality standards is to define
levels of air quality which the department judges ai.e neces ar
adequate margin of safety, to protect the public health. Secondai.,
ambient air quality standards define 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 avoidab1. ,:1e i:”i.r:
of air quality in areas where air quality presently exists whici,
numerically equal to or less than the standards expressed herein.
(3) except as provided in 401 KAR 51:010, no person shall violate, oi
interfere with the attainment or maintenance of, ambient air quality
standards as specified in 401 KAR 53:010.
Section 2. Applicability.
(1) The primary and secondary ambient air quality standards stated in 401
KAR 53:010 shall apply at any single point location.
(2) The secondary standard for odor shall be applicable only when the
department receives a complaint with respect to odors trom a source.
Section 3. Definitions. As used in this chapter, all terms not defined
herein shall, have the meaning given them in 401 KAR 50:010.
(1) “Ambient air” means that portion of the atmosphere, external to
buildings, to which the general public has accesb.
(2) “Reference method” means a method of sampling and analyzing foi Cu an.
pollutant as specified by Appendices A through K of 40 CFR 50, filed by
reference in 401 KAR 50:015.
(3) “Equivalent method” means any method of sampling and analyzing of &:, tii
pollutant which can be demonstrated to the c1epaitme : t’ ant] r
Environmental Protection Agency’s satisfaction to have a cou si r.?ur
relationship to the reference method.
(4) “Ambient air quality standard” means a numerical expression of a
specified concentration level for a particular au contaminant and the
time averaging interval over which that concentration level is measuied
and is a goal to be achieved in a stated time through the applicarior
of appropriate preventive and/or control measures.
53.( )5 — 1

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(5) ‘Annual mean” means an average determined on the basis of any
consecutive twelve (12) month interval.
(6) ‘Three (3) hour average’ means an average determined on the basis ot any
consecutive three (3) hour 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 rh ..t
any consecutive twelve (12) hour interval.
(9) “One (1) week average” means an average determined on the basis ot aI y
consecutive seven (7) day interval.
(10) “Maximumn’ means an ambient air quality standard which shall not be
exceeded more than once per yeai providing that r1 cL1 , l -
the standard do not contain any common hourly data points
(11) “Odor” means the property of an air contaminant that can he detected b
the sense of smell.
(12) “Standard condition” means a reference temperature of twenty-five (25)
degrees Celsius and a reference pressure of 760 millimetei-s of meicuiy
(13) “Year” means any consecutive twelve (12) month period.
Effective date: April 14, 1988
Date Submitted Date Approved F.?d. 1aI
to EPA by EPA RegisteL
Original Reg JUN 29, 1979 DEC. 24, 1980 45 FR 84999
JAN 25, 1980 45 FR 6092
JUL 12, 1982 47 FR 30059
1st Revision JUL 07, 1988 FEB 07, 1990 55 FR 4ic
53:005 — 2

-------
401 KAR 53:010. 3 mbient air quality standards.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
Relates to: KRS 224.320, 224.330, 224.340
Pursuant to: KRS 224.033
Necessity and Function: KRS 224.10-100 requires the Cabinet foi. Natural
Resources and Environmental Protection to prescribe regulations foi the
prevention, abatement, and control of air pollution. This iegulatioii is tc
fix ambient air quality standards necessary for the protectiot of the publi.
health, the general welfare, and the property and people in this CommoiiwealtI .
Section 1. P mbient air quality standards. The primary and secondary ambiez t
air quality standards for sulfur oxides, particulate matter, carbon monoxide,
ozone, hydrocarbons, nitrogen dioxide, lead, hydrogen sulfide, gaseous
fluorides, total fluorides, and odors are specified in Appendix A of this
regulation. Measurements will be by methods specified in Section 2.
Section 2. Methods of Measurement. For those air contaminants for which thei.e
are state ambient air quality standards that are the same as the national
ambient air quality standards, measurements shall be niade according to
reference methods, or their equivalent methods. For other air contaminants
for which there are state ambient air quality standards, measurements shall he
made according to methods as prescribed by the department. The frequency of
measurements for all air contaminants shall be prescribed by the department.
Section 3. Within sixty (60) days of promulgation or revision of any ambient
air quality standard by the U.S. Environmental Protection Agency, the
department shall initiate proceedings to promulgate or review this regulatioh
in conformance with the federal ambient air quality standards.
Effective date: April 14, 1988
Date Submitted Date Approved Federal
to EPA by EPA Registei
Original Reg JUN 29, 1979 JUL 12, l9 2 47 F . • •S
1st Revision JUL 07, 1988 FEB 07, 1990 SS FR 4169
53 O1O — I

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APPENDIX A TO 401 KAR 53:010
AMBIENT AIR QUALITY STANDARDS
The following air contaminant concentrations shall apply at any siILgl.i polilt
location:
PRIMARY ‘i ECONDAR
CONTAMINANT STANDARD STANDARD
Sulfur Oxides(Sulfur Dioxide)- ug/m 3
Annual Arithmetic Mean, not to exceed 80(0.O3ppm)
Maximum Twenty-four-hour average 365(0.14 ppm)*
Maximum Three-hour average
1300 (0.5ppm) *
Particulate Matter, measured as PM 10 - ug/m 3
Annual Geometric Mean, not to exceed 50** 50
Maximum Twenty-four-hour average 150+ 150+
Carbon Monoxide - mg/rn 3
Maximum Eight-hour average 10 (9 ppm)*
prim.
Maximum One-hour average 40 (35 ppm)* Sani as
prim.
Ozone - ug/&
Maximum [ One-hour] average 235 (O.l2i nt
prim.
Nitrogen Dioxide - ug/m ’
Annual Arithmetic Mean, not to exceed 100(0.05 ppm) Sarn as
prim.
Lead - ug/m 3
Maximum Arithmetic Mean averaged over
a calendar quarter j.5 Same as
prim.
Hydrogen Sulfide - ug/m 1
Maximum One-hour average 14(0.01
ppm) *
Gaseous Fluorides - (expressed as HF) - ug/nY
Annual Arithmetic Mean, not to exceed 400(0.O5ppxn)
Maximum One-month average O.5(O.6ppb
- Maximum One-week average
O.8(O.97ppb)*
Maximum Twenty-four hour average 800 d. Oppm)*
2.86(3.5ppb)*
Maximum Twelve-hour average
3.68(4.5ppb) *
Total Fluorides-ppm
Dry weight basis(as fluoride ion)
in and on forage for consumption by
grazing ruminants. The following
concentrations are not to be exceeded:
Average concentration of monthly samples
over growing season
(not to exceed 6 consecutive months) 4Oppm.. I
Two-Month average 60pprni , )
One-Month average
53:010 — 2

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Odors: At any time when 1 volume unit of ambient air is mixed with 7
volume units of odorless air, the mixture must have no detectable
odor.
Footnotes:
* This average is not to be exceeded more than once per yeai.
** This standard is attained when the expect.?cl ani u 1 L lt
concentration, as determined in accordance with Appeiidi>. . tz
is less than or equal to fifty (50) ug/m ’.
+ The standard is attained when the expected numbet of days p c i. calci dai.
year with a twenty-four (24) hour average concentration above 150 uti ni
as determined in accordance with Appendix K of 40 CFR 50, is equal t: C:
less than one (1)
++ The standard is attained when the expected numbei. of days pc i
year with maximum hourly average concentrations above 0.12 ppm (ug m
is equal to or less than one (1), as determined by Appendix H of 40 CFR
50.
THIS IS THE FEDERALLY APPROVED REGULATION AS OF FEBRUARY 7, 1990
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 DEC 24, 1980 45 FR 84999
1st Revision JUL 07, 1988 FEB 07, 1990 55 FR 4169
53:010 — 3

-------
401 KAR 55:005 Significant harm criteria.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department For Environmental Protection
Division for Air Quality
Relates to: KRS Chapter 224.20—100, 223.20-110, 224.20—120
Statutory Authority: KRS 224.10-100
Necessity and Function: KRS 224.10-100 requires the Natural Resources and
Environmental Protection Cabinet to prescribe regulation for the prevention,
abatement and control of air pollution. This regulation defines those levels
of pollutant concentration which must be prevented in order to avoid
significant harm to the health of persons.
Section 1. Purpose. Notwithstanding any other piovisio of t1 1 . iui.Lr: I
of the Division for Air Quality, this chapter is designed to pievent . imbienr
pollutant concentrations at any location from reaching the following levels
which could cause significant harm to the health of persons.
(1) Sulfur dioxide: 2,620 micrograms per cubic meter (1.0 ppm). t Je!lt -touL
(24) hour average.
(2) Particulate matter, measured as PM 1 .: 600 miciogiams pei cubic
twenty-four (24) hour average.
(3) Carbon monoxide: 57.5 milligrams per cubic meter (fifty (50) ppm), eight
(8) hour average. 86.3 milligrams per cubic meter (seventy-five 175
ppm), four (4) hour average. 144 +milligrams per cubic meter (125 ppm),
one (U hour average.
(4) Ozone: 1,200 micrograms per cubic meter (0.6 ppm), one (1) hour avelage.
(5) Nitrogen dioxide: 3,750 micrograms per cubic meter (2.0 ppm), one (1)
hour average. 938 micrograms per cubic meter (0.5 ppm), twenty-foui
(24) hour average.
Effective date: April 14, 1988
Date Submitted Date Approved F edeial
to EPA by EPA Registei.
Original Reg JUN 29, 1979 JAN 25, 1980 45 FR
1st Revision JUL 07, 1988 FEB 07, 1990 55 FR 4169
55:005 - 1

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401 KAR 55:010. Episode criteria.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
Relates to: KRS 224.320, 224.330, 224.340
Pursuant to: KRS 224.033
Necessity and Function: KRS 224.033 requires the Natural Resources and
Environmental Protection Cabinet to prescribe regulations for the pieventi 1 ,
abatement, and control of air pollution. This regulation defines those levels
of pollutant concentrations which justify, the proclamation of an au pollutioii
alert, air pollution warning, and air pollution emergency.
Section 1. General. Conditions justifying the proclamation of an air
pollution alert, air pollution warning, or air pollution emergency shall he
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 hiecilcii jt
the public. In making this determination, the department shall he guided b.i
the criteria specified in the following sections.
Section 2. Air Pollution Forecast. An internal watch by the department li i11
be activated by a national weather service advisory that an atmospheiic
stagnation advisory or special dispersion statement is in effect.
Section 3. Alert. An alert is that concentration of pollutants r .:1 i
stage control actions are to begin. An alert will he dec laied w} iCIi anY oie
(1) of the alert levels specified in Appendix A of this regular bit i 1 d
at any monitoring site and meteorological conditions are such that the
pollutant concentrations can be expected to remain at these levels fl tw l .
(12) or more hours or increase, or in the case of ozone th. ituacio1i i
likely to reoccur within the next twentv-foui (24) houi . Wi1 : -
actions are taken.
Section 4. 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 (1) of the warning levels specified by Appendix A of
this regulation is reached at any monitoring site arid meteorological
conditions are such that pollutant concentrations can he expected to remaii
at these levels for twelve (12) or more hours or increase, or in chi case or
ozone the situation is likely to reoccur within the next twenty-four (24)
hours, unless control actions are taken.
Section 5. 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 he declaied
when any one (1) of the emergency levels specified iii Appendix A or tI i
regulation is reached at any monitoring site and meteorological conditioii.
such that this condition can be expected to continue for twelve (12) 0]. moic
hours or increase, or in the case of ozone, the situation is likely to icoccut
within the next twenty-four (24) hours, unless control actions are taken
Section 6. Termination. Any status declared by the application or tht s ’
criteria will remain in effect until the iir. ia t i ti t
met. At such time the next lower appropriate status will be assumed
Section 7. An episode status based on the deterioration of ai LJU Ll1t 1. i—
may be declared. An air stagnation advisoiy ot special dlspCisiok st it- iii.ez.r
need not he in effect.
Section 0. An appropriate episode status shall be decl ieJ hI l i&
monitoring site records ambient air quality levels as designated in rt
55:10 - 1

-------
episode criteria herein. The criteria shall be applied to individual
monitoring sites and not to area wide air quality.
Effective date: April 14, 1988.
Date Submitted Date Approved
to EPA by EPA Reui e i
Original Reg JUN 29, 1979 JAN 25, 1980 45 FR O92
1st Revision JUL 07, 1988 FEB 07, 1990 55 FR 41o
55:10 — 2

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APPENDIX A TO 401 KAR 55:010
EPISODE CRITERIA
POLLUTANT ALERT WARNING ENEF EI
Sulfur Dioxide
24-hr avg 800ug/m 3 (.3ppm) 1..600ug/m’(.Gppm) 2,lOOug/m (.: ppm)
Particulates, measured as
24—hr avg 350ug/m 3 420ug/m’ 5O0uc rn
Carbon Monoxide
8-hr avg l5ppm 3Oppm 40ppm
Ozone
1-hr avg 0.2ppm 0.4ppm 0. Sppm
Nitrogen Dioxide
1—hr avg ll3Oug/m 3 (.Gppm) 2260ugfrn (1.2ppm) 3000ug/m il.opprn:
24-hr avg 282ug/m 3 (. l5pprn) 565ug/m 3 (.3ppm) 750 ug/m’ (.4pprn)
THIS IS THE FEDERALLY APPROVED REGULATION AS OF FEBRUARY 7, 1990
Date Submitted Date Approved Fedeied
to EPA by EPA Registei
Original Reg JUN 29, 1979 DEC 24. 1980 45 FR 4999
1st Revision JUL 07, 1938 FEB 07, 1990 55 FR 41
55:10 — 3

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401 KAR 55:015. Episode declaration.
NATUP.AL. RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
Relates to: KRS Chapter 224
Pursuant to: KRS 13.082, 224.033
Necessity and Function: KRS 224.033 requires the Cabinet for Natural Resouice
and Environmental Protection to prescribe regulations for the pievention,
abatement, and control of air pollution. This regulation iequi ÷ th .
or operator of an air contaminant source to take action to reduce air
contaminant emissions whenever an air pollution alert, air pollution warning,
or air pollution emergency is declared.
Section 1. General.
(1) The intent of this regulation is to provide for the curtailment or
reduction of processes or operations which emit an air contaminant oi a:.
air contaminant precursor whose criteria has been reached and are
located in the affected area for which an episode level has been
declared.
(2) Any person responsible for the operation of an air contaminant soulce a.
set forth in 401 KAR 55:020 shall take all actions required by this
regulation irrespective of any economic. hardship which may L IhULL.?.I
due to such actions.
(3) When the director determines that specified criteria aie bsintj
approached and may be reached at one (1) or more monitoxing sites sol .l..
because of emissions from a limited numbei of sources oi p ioces .es, h..
may act to prevent the attainment of the episode level by notit ’incj . .uH 1
source(s) that the abatement strategies as d c].lb.?J t. 4’ - I -
or the standby plans are required are required insofar as it ai:ipli.
such source(s), and shall be put into effect until a satistactoi”
reduction in the ambient pollution coneentiation has been acIii ed
Sectior 2. Air Pollution Alert. When the director declares an au pollution
alert, any person responsible for the operation of a source of au
contaminants as set forth in 401 KAR 55:020, Section 2, shall take all ,:i
pollution alert actions required for such sources of air contaminants ai J
shall put into effect the preplanned strategies for an air pollution aleit.
Section 3. Air Pollution Warning. When the secretary declares an air
pollution warning, any person responsible for the operation of a source of air
contaminants as set forth in 401 KAR 55:020, Section 3, shall take all au
pollution warning actions required for such sources of air contaminants and
shall put into effect the preplanned strategy for an au pollution wai.nuiig.
Section 4. Air Pollution nergency. When the governor declares an au
pollution emergency, any person responsible for the operation of a source ot
air contaminants described in 401 KAR 55:020, Section 4, shall take all :ui
pollution emergency actions required for such sources of air contaminants and
shall put into effect the preplanned strategy for an air pollution emeIr:eri.-
Effective Date: June 6, 1979
Date Submitted Date Approved Fedeual
to EPA by EPA Regustel
Original Reg JUN 29, 1979 JAN 25, 1980 45 FR
55:015 — I

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401 KAR 55:020. Abatement strategies.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
Relates to: KRS Chapter 224
Pursuant to: KRS 13.082, 224.033
Necessity and Function: KRS 224.033 requires the Cabinet foi Natuial ResouLces
and Environmental Protection to prescribe regulations for the pieventlon,
abatement, and control of air pollution. This regulation sets foith ii.
action that must be taken by air contaminant sources when an episode is
declared.
Section 1. Standby plans.
(1) Any person responsible for the operation of a source of air pollutants
as set forth in Sections 2 to 4, shall prepare standby plans for
reducing the emission of air pollutants during episode periods talt
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 2 to 4.
(2) Any person responsible for the operation of a source of air pollutants
not set forth under subsection (1) of this section shall, when reque3ted
by the director in writing, prepare standby plans toi. leduL ing tn .
emission of air pollutants during episodic periods. Standby plans .,halI
be designed to reduce or eliminate emissions of air pollutants in
accordance with the ob)ectlves set forth in Sections 2 to 4
(3) Standby plans as required under subsections (I) and (2) of this section
shall be in writing and identify the source of air pollutants, and a
brief description of the maiu eI in hicli the i.educ t .: ii -
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.
(5) Standby plans required by this section shall be submitted to th .
department upon request within thirty (30) days of the receipt ot su .h
request; such plans shall be sub)ect 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 2 to 4,
the cabinet may disapprove it state its reasons for disapproval and
order the preparation of an amended plan within the time period
specified in the order.
Section 2. Abatement strategies; alert level.
(1) General requirements:
(a) When an alert is declared on reaching the criteria level foi
particulates or sulfur dioxide, the following actions shall
be taken:
1. There shall be no open burning 1w aziy P L I t
waste, vegetation, refuse or debris.
2. The use of incinerators fo i the disposal Ot ctI tOifli
of solid waste shall be limited to tI liouis or 12
noon and 4 p.m , local time.
55:020 — I

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3. Persons operating fuel-burning equipment which
requires boiler lancing or soot blowing shall perform
such operations only between the hours of 12 nooi± aiid
4 p.m., local time.
(b) When an alert is declared based on reaching the criteria
level for ozone, carbon monoxide or nitrogen dioxide the
following actions shall he taken:
1. Persons operating motor vehicles shall limi r. .
unnecessary operations.
2. Persons operating petroleum loading and dry cleaning
facilities shall reduce hydrocarbon emissions by
twenty-five (25) percent.
3. Road repairs should he postponed to a11e--i . r. t- ’.
congestion.
(2) Curtailment of particulate and/or sulfur dioxide souice 1ien tii
is declared based on reaching the criteria level for particulates and oi
sulfur dioxide, control actions as described in paragraphs (a), b), and
(C) of this subsection shall be implemented.
(a) When the source of air contaminant is fuel fired elec-tiic pc’wei
generating facilities: substantial reduction of emissioIi hai1
accomplished by utilization of fuels having low ash and sultui
content; maximum utilization of mid-day (12 noon to 4 p.m.)
atmospheric turbulence for boiler lancing and soot blowing; and
diverting electric power generation to facilities outside of the
alert area.
(b) When the source of air contaminant is fuel fired process sceant
generating facilities: substantial reduction of emissions shall be
accomplished by utilization of fuels having low ash and sulfur
content; maximum utilization of mid-day (12 noon to 4 p.m.)
atmospheric turbulence for boiler lancing and soot blowing, aiid
substantial reduction of steam load demands consistent with
continuing plant operations.
(C) When the source of air contaminant is manufacturing industL1e
including but not limited to the following classifications;
primary metals industry, petroleum refining operations, chemical
industries, mineral processing industries, paper and allied
products and grain industry the following action shall be takeii
1. All operations that emit particulate or sultui dio:.:ide h i1l
curtail, postpone, or defer production to the ÷: reI.r
necessary to effect at least a twenty-tive (25) petLehr
reduction of the instantaneous particulate aiid,oi sultui
dioxide emission levels existing at the time the al . it is
declared unless such reduction of the operation is
demonstrated to the director’s satisfaction to be
impractical because of some physical limitation of the
operation.
2. In addition, maximum reduction of emissions shall he
accomplished by deferring trade waste disposal operations
which emit solid particles, gas vapors, or malodorous
substances; maximum reduction of heat load demands for
processing consistent with subparagraph 1 of this
paragraph; and maximum utilization of mid-day (12 to 4 p.m.)
atmospheric turbulence for boiler lancing oi . oot bio i
(3) Curtailment of sources of hydrocarbons and nitrogen oxides. When ai
55:020 - 2

-------
alert is declared based on reaching the cLiteila level tc
nitrogen dioxide, control actions described in paragiaphs (a), •L,
(C) of this subsection shall be implemented.
(a) When the source of air contaminant is fuel fired electiic powei
generating facilities, substantial reduction of emissio ts shall b—
accomplished by diverting electric power generation to facilities
outside of the alert area.
(b) When the source of air contaminant is fuel tiied pLoces t tn
generating facilities, substantial Leduction of emi iot I tli
accomplished by substantial reduction of steam load demands
consistent with continuing plant operation.
(c) When the source of air contaminant is manufacturing industry
including but not limited to the following classifications:
surface coating, degreasing, nitric acid production, tertilizei
manufacturing and any other hydrocarbon or nitrogen oxide emitting
sources; the following action shall be taken:
1. All operations that emit hydrocarbons and/or nitrogen oxides
shall curtail, postpone, or defer production to the extent
necessary to effect at least a twenty-five (25) percent
reduction of the instantaneous hydrocarbon and/or nitrogen
oxide emission levels existing at the time the ai :t i
declared unless such reduction of the operation is
demonstrated to the directors satisfaction to be
impractical because of some physical limitation of the
operation.
2. In addition, maximum reduction of emissions shall be
accomplished by deferring trade waste dispcsal IeIar
which emit solid particles, gas vapois oi malodoLous
substances; and maximum reduction of heat load demaiad to
processing consistent with subparagraph 1. of this
paragraph.
(4) Curtailment of sources of carbon monoxide. When an alert is declated
based on reaching the criteria level for carbon monoxide, the contiol
actions are: When the source of carbon monoxide is manutactuiii çj
industry including but not limited to the following classiticat.ioiis.
primary metal industry, petroleum refining operations, and other carbot
monoxide emitting sources; the following actions shall be taken: All
operations that emit carbon monoxide shall curtail, postpone, or defei
production to the extent necessary to effect at least a twenty-five (25)
percent reduction of the instantaneous carbon monoxide emissions levels
existing at the time the alert is declared unless the reduction ot ti
operation is demonstrated to the director’s satisfaction to he
impractical because of some physical limitations of the operation.
Section 3. Abatement strategies: Warning Level.
(1) General requirements:
(a) When a warning is declared on reaching the ciireiia l. i tL
particulates or sulfur dioxide the following actions shall be
taken:
1. There shall he no open burning by any peison ot ti e
vegetation, refuse or debris in any torm.
2. The use of incinerators for the disposal of any form of
solid waste or liquid waste shall he pioi 1 i1ir i
3. Persons operating fuel-burning equipment which lequiles
boiler lancing or soot blowing shall perform such opelatioiis
only between the hours of 12 noon and 4 p.m., local time
55:020 — 3

-------
(b) When a warning is declared based on reaching the criteria le’ el
for ozone, carbon monoxide or nitrogen dioxide the following
actions shall be taken:
1. Persons operating motor vehicles must reduce operation by
the use of car pools and increased use of public
transportation and the elimination of unnecessary operation
2. Persons operating petroleum loading and dry cleaning
facilities shall reduce hydrocarbon emissions by fifty ( O
percent.
3. Road repairs should be postponed to alleviate traffic
congestion.
(2) Curtailment of particulate and/or sulfur dioxide sources. When a
warning is declared based on reaching the criteria level for
particulates and/or sulfur dioxide, coiitiol act1oi ct de i.ii. t iz,
paragraphs(a), (b), and Cc) of this subsection shall be implemented
(a) When the source of air contaminant is fuel fiied electric powel
generating facilities: maximum reduction of emissions shall I
accomplished by utilization of fuels having lowest asIa and UlLUL
content; maximum utilization of mid-day (12 noon to 4 p.m
atmospheric turbulence for boiler lancing and soot blowing; and
diverting electric power generation to facilities out id. t
warning area.
(b) When the source of air contaminant is fuel fired process steam
generating facilities associated with manufacturing industries
subject to paragraph Cd) of this subsection: maximum reduction of
emissions shall be accomplished by utilization of fuels having
lowest available ash and sulfur content; maximum utilization of
mid-day (12 noon to 4 p.m.) atmospheric turbulence for hoilei.
lancing and soot blowing; making ready for use a plan of action to
be taken if an emergency develops; and maximum reduction of steam
load demands consistent with continuing plant operations.
Cc) When the source of air contaminant is fuel fired process steam
generating facilities not subject to paragraph (b) of thi.
subsection: maximum reduction of emissions shall be con istei t
with preventing injury to persons or damage to equipment; and
maximum utilization of mid-day (12 noon to 4 p.m.) atmospheiic
turbulence for boiler lancing and soot blowing.
Cd) When the source of air contaminant is manufacturing industiie .
which may require considerable lead time for shutdown 1!icluc1iii -I
but not limited to the tollowit g ti
refining, chemical industries, primary metals ii dustii , J t :
industries, paper and allied products; the source initiate action
required to accomplish the following objectives:
1. Cease, curtail, postpone or defer pioduction and all
operations as is necessary to prepare toi an immediate
shutdown if an emergency is declared.
2. Effect amaximum reduction of emissions of air contaminants
from manufacturing operations during the time period the
warning is in effect by ceasing, curtailing, postponing, or
deferring production and all operations.
3. Effect a maximum reduction of emissions by deferring trade
waste disposal operations which emit solid particles, gases,
vapors, or malodorous substances; maximum ieduction of heat
load demands for processing consistent with subparagraphs I
and 2. of this paragraph; and maximum utilization of mid-day
(12 noon to 4 p.m.) atmospheric turbulence for boiler
55:020 — 4

-------
lancing and soot blowing.
Ce) When the source of air contaminant is manufacturing industries which may
require relatively short lead times for shutdown including bUt not
limited to the following classifications: primary metals industijes,
chemical industries, mineral processing industries and gi..ain 1ndustL
the source shall initiate action required to accomplish the fol1o 1TIcT
objectives:
1. Elimination of air contaminants from manufactulllLg oLJeI.atiozL .
ceasing, as expeditiously as possible, all opelatiolis whidi aLe
not necessary for the prevention of injury to persons or damage r.o
equipment; and by curtailing, as expeditiously as possible, all
operations which are necessary for the prevention of injury to
persons or damage to equipment to the maximum extent possible such
that the curtailment does not cause injury to person or damag to
equipment.
2. Elimination of the emission of air contaminants by ceasing trade
waste disposal processes which emit solid particles, gases,
vapors, or malodorous substances; maximum reduction of heat load
demands consistent with subparagraph 1. of this paragraph; and
maximum utilization of mid-day (12 noon to 4 p.m.) atmospl 1 i. li-
turbulence for boiler lancing or soot blowing.
(3) Curtailment of sources of hydrocarbons and nitrogen oxides. Whe : a
warning is declared based on reaching the criteria level for oxidants 01
nitrogen dioxide, control actions described in paragraphs (a) and (b of
this subsection shall be implemented.
(a) When the source of air contaminant is fuel fired elecIL1
generating facilities or is fuel tired process steam c eri tctt1Ii l
facilities, the provisions of subsection (2) (a) and Cc) ot thi ,
section shall apply.
(b) When the source of air contaminant is manufacturing industry
including but not limited to the following classifications:
surface coating, degreasing, nitric acid production, fertilizei
manufacturing and any other hydrocarboli c i. nit i.oge
sources; the source shall initiate action required to accomplish
the objectives specified in subsection (2) (e)l. and 2. of this
section.
(4) Curtailment of sources of carbon monoxide. When a warning is declared
based on reaching the criteria level for carbon monoxide, the control
actions described as follows shall be implemented: When the souice ot
carbon monoxide is manufacturing industry including but not limited to
the following classifications: primary metal industry, petroleum
refining operations, and other carbon monoxide emitting sources, the
sources shall initiate action required to accomplish the objectives
specified in subsection (2) (e)1. and 2. of this section.
Section 4. Abatement Strategies: Emergency Level.
(1) General requirements. When an emergency is declared based on reachii g
the criteria level for any air contaminant the following shall api.dy
(a) There shall be no open burning by any person of tiee waste,
vegetation, refuse, or debris in any form.
(b) The use of incinerators for the disposal ot an ’ form f
liquid waste shall be prohibited.
Cc) All places of employment described below shall immediacel cea
operations:
1. Mining and quarrying of nonmetallic minerals.
55:020 - 5

-------
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 yove1uzn. Lt
authorities, joint meetings, and otlici publi’. bodi .
excepting such agencies which are determined by the .I1i 7t
adnu.nistrative officer of local, county, oi. state
government, authorities, Joint meetings, and otlici. pu}- ’li
bodies to be vital for public, safety and welfaLe and the
enforcement of the provisions of this oidei.
6. All retail trade establishments except pharmacies and coie
primarily engaged in the sale of food.
7. Banks; credit agencies other than banks; securities and
commodities brokers, dealers, and exchanges and services;
offices of insurance carriers, agents and brokers; real
estate offices.
8. Wholesale and retail laundries, laundry services;
photographic studios; beauty shops, barbershops, shoe repaii.
shops.
9. Advertising officers; consumer credit reporting, adjustment
and collection agencies;duplication, addressing,
blueprinting; photocopying, mailing list and steziogi.. pIi .
services; equipment rental services, commercial teStilici
laboratories.
10. Automobile repair, automobile services, garages.
II. Establishments rendering amusement and ieciear oi sei
including motion picture theateis.
12. Elementary and secondary schools, colleges, uni’.ei 1tie ,
professional schools, junioi. colleges, voccitlonctl sd,c ci,
and public and private libiaiies
(d) All commercial and manufacturing establishments not included in
this order will institute such actions as will i u it in Hc hUll
reduction of air contaminants from their opeiatiozis by c. asincj,
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. When an emergency is declared based on reaching
criteria level for any pollutant, any person responsible for the
operation of a source of air contaminant listed below shall take all
required control actions for this emergency level.
55:020 - 6

-------
(a) When the source of air contaminant is fuel tired electric power.
generating facilities, maximum reduction of emissions shall b , .
accomplished by utilization of fuels having lowest ash and sultur.
content; maximum utilization of mid-day (12 noon to 4 p m.
atmospheric turbulence for boiler lancing and soor bl .irri.
diverting electric power generation to tacilitie out ’id zt
emergency area.
(b) When the source of air contaminant is fuel fired process steam
generating facilities; maximum reduction of emissions shall he
accomplished by reducing heat and steam demands to absolute
necessities consistent with preventing equipment damage or
personal injury; maximum utilization of mid-day (12 noot to 4
p.m.) atmospheric turbulence for boiler lancing and soot blowing
and taking the action called for in the emergency plan.
(C) When the source of air contaminant is manufacturing industries
including but not limited to the following classifications:
primary metal industries, petroleum refining, chemical industries,
mineral processing industries, grain industry, papei arid al1i. J
products, surface coating, degreasing, nitric acid production, &iid
fertilizer manufacturing; the source shall initiate action
required to accomplish the following objectives:
1. Elimination of air contaminants from manufacturing
operations by ceasing, as expeditiously as possible, all
operations which are not necessary for the prevention of
injury to persons or damage to equipmer t, and cuita: ’
expeditiously as possible all operations which aic riot
necessary for the prevention of injury to persons or. damage
to equipment to the maximum extent possible without causing
injury to persons or damage to equipment.
2. Elimination of the emission of air contaminants by C . ct 1i I
trade waste disposal processes which emit solid pairicl. .
gases, vapors or malodorous substances; maximun util ; , i.n.
of mid-day (12 noon to 4 pm.) atmospheric tuiLulen t i
boiler lancing or.- soot blowing; and maximum r .- -ductioii ct
heat load demands consistent with subparagraph 1. of this
paragraph.
Effective date: June 6, .1.979
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 JAN 25, 1980 45 FR 6092
55 O2O -

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401 KAR 59:001. Definitions and abbreviations of terms used in Title 401,
Chapter 59.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
RELATES TO: KRS 224.01-010, 224.20-100, 224.20-110, 224.20-120; 40 CFR Chapte.
I; Appendices A through K to 40 CFR 50; 40 CFR 51.100(s); 40 (FR 53; 40 tFf
60; Appendices A and B to 40 CFR 60; Appendix B to 40 CFR 61; 42 USC 7410; 42
USC 741 1(a) (8)
STATUTORY AUTHORITY: KRS 224.10-100
NECESSITY AND FUNCTION: KRS 224. 10-100 requires the Natural Resources and
Environmental Protection Cabinet to prescribe regulations for the prevention,
abatement, and control of air pollution. This administrative regulation
provides for the defining of terms used in Title 40!. Chapter 59.
Section 1. General definitions. As used in the Division for Air Quality
administrative regulations of Title 401, Chapter 59, unless the content
clearly indicates otherwise in a specific administrative regulation, the
following terms shall have the following meanings:
(1) “Affected facility” means an apparatus, building, opetatlon, io J,
other entity or series of entities which emits or may emit an an.
contaminant into the outdoor atmosphere.
(2) “Air contaminant’ has the meaning given it in KRS 224.01-010.
(3) “Air pollutant” means an air contaminant.
(4) ‘Air pollution” has the meaning given it in KR 224 U1-u.1u
(5) ‘Air pollution control equipment” means a mechanism, device ot
contrivance used to control or prevent air pollution, which is not,
aside from air pollution control laws and regulations, vital to
production of the normal product of the source or to its normal
operation.
(6) “Alteration’ means:
(a) The installation or replacement of air pollution control equipment
at a source;
(b) A physical change in or change in the method of operation of an
affected facility which increases the potential to emit of a
pollutant (to which a standard applies) emitted by the facility 0].
which r sults in the emission of an air pollutant (to which a
standard applies) not previously emitted.
(7) “Alternative method” means a method of sampling and analyzing for an air
pollutant which is not a reference or equivalent method hut which has
been demonstrated to the cabinet’s and the U.S. EPA’s satisfaction to,
in specific cases, produce results adequate for its determinarii-’u r f
compliance.
(8) “Ambient air” means that portion of the atmosphere, xteri a1 to
buildings, to which the general public has access.
(9) “Ambient air quality standard” means a numerical expression of a
specified concentration level for a particular air contaminant and th÷
time averaging interval over which that concentLatlola le el i rne 1 ui. j
and is a goal to be achieved in a stated time through the applicatioia cr
appropriate preventive or control measures.
59.001 — 1

-------
(10) “Cabinet” has the meaning given it in KRS 224.01-010.
(11) ‘Capital expenditure” means an expenditure for a physical or operational
change to an affected facility which exceeds the product of the
applicable annual asset guideline repair allowance percentage” specified
in the Internal Revenue Service (IRS) Publication 534 which has been
incorporated by reference in 401 KAR 50:010, and the affected facility’s
basis, as defined by section 1012 of the Internal Revenue Code which has
been incorporated by reference in 401 KAR 50:010. Howevel, the total
expenaiture for a physical or operational change to an affected facility
shall not be reduced by any “excluded additions’ as defined in IRS
Publication 534, as would be done for tax purposes.
(12) “Commence’ means that an owner or operator has undertaken a continuous
program of construction, modification, or reconstruction of an affected
facility, or that an owner or operator has entered into a contrartu 1
obligation to undertake and complete, within a reasonable tim. , a
continuous program of construction, modification, oi. LCCOliStIUCtiOI* ot
an affected facility.
(13) “Compliance schedule” means a time schedule of remedial measures
including an enforceable sequence of actions or operations leading to
compliance with a limitation or standard.
(14) “Construction’ means fabrication, erection, installation or modification
of an air contaminant source.
(15) “Continuous monitoring system” means the total equipment, required undei.
the applicable regulations used to sample, to condition (if applicable),
to analyze and to provide a permanent record of emissions or process
parameters.
(16) “Design capasity” means the maximum rate at which a unit was designed to
operate.
(17) “Director” means Director of the Division for Air Quality of the Natural
Resources and Environmental Protection Cabinet.
(18) “District” has the meaning given it in KRS 224.01-010.
(19) “Emission standard” means that numerical limit which fixes the amount ot
an air contaminant or air contaminants that may be vented into the
atmosphere (open air) from an affected facility or from au pollution
control equipment installed in an affected facility.
(20) ‘Equivalent method” means a method of sampling a id ana1yzuii j roi n -tii
pollutant which has been demonstrated to the cabinet’s and the U.1
EPA’s satisfaction to have a consistent and quantitatively known
relationship to the reference method, under specified conditions.
(21) “Exempt solvent” means an organic compound listed in the definition of
volatile organic compound as not participating in atmospheric
photochemical reactions.
(22) ‘Existing source” means a source which is not a new source.
(23) “Extreme nonattainment county’ or “extreme nonattainment area” means a
county or portion of a county designated extreme nonattaimnent in 401
KAR 51:010.
(24) “Fixed capital cost” means the capital needed to provide all the
depreciable components.
59.00. - 2

-------
(25) “Fuel” means natural gas, petroleum, coal, wood, and any Loin r
liquid, or gaseous fuel derived from these materials foi the PULp0S
creating useful heat.
(26) “Fugitive emissions’ means the emissions of an air contaminant into tl,e
open air other than from a stack or air pollution control equipmei t
exhaust.
(27) “Hydrocarbon’ means an organic compound consisting piedomitiaiirl ’ at
carbon and hydrogen.
(28) “Incineration” means the process of igniting and burning solid, semi-
solid, liquid, or gaseous combustible wastes.
(29) “Intermittent emissions” means emissions of particulate matter into the
open air from a process which operates for less than any six (6)
consecutive minutes.
(30) “Major source” means a source of which the potential emission rate is
equal to or greater than 100 tons per year of any one (1) of the
following pollutants: particulate matter, sulfur oxides, nitrogen
oxides, volatile organic compounds or carbon monoxide.
(31) “Malfunction” means a failure of air pollution control equipment, ci
process equipment, or of a process to operate in a normal oi usual
manner. Failures that are caused entirely or in part by poor
maintenance, careless operation, or any other preventable upset
condition or preventable equipment breakdown shall not he consideied
malfunctions.
(32) “Marginal nonattainment county” or “marginal nonattainment aiea’ me.mn.
county or portion of a county designated marginal nonattainment in 401
KAR 51:010.
(33) “Moderate nonattainment county” or “moderate nonattaimnent area means a
county or portion of a county designated moderate nonattainment izi 40!
KAR 51:010.
(34) ‘Modification” means a physical change in, or change in the method ot
operation of, an affected facility which increases the amount of an au
pollutant (to which a standard applies) emitted into the atmosphere by
that facility or which results in the emission of an air pollutant (to
which a standard applies) into the atmosphere not previously emitted.
The following shall not, by themselves, be considered modifications:
(a) Maintenance, repair, and replacement which the cabinet deteimines
to be routine for a source category;
(b) An increase in production rate of an affected facility, if that
increase can be accomplished without a capital expenditure on that
facility;
Cc) An increase in the hours of operation;
(d) Use of an alternative fuel or raw material if, prior to the date
any standard becomes applicable to that source type, the affected
facility was designed to accommodate that alternative use. A
fac 1ity shall be considered to be designed to accommodate au
alternative fuel or raw material if that use could be accomplished
under the facility’s construction specificaruou. a ulen I.r.d
to the change. Conversion to coal iequuied !oi 1L Lgy
considerations, as specified in 42 USC 741.1 (a) (3) , shall nor be
considered a modification;
59.001 — 3

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(e) The addition or use of any system or device whose primary functior,
is the reduction of air pollutants, except when an emission
control system is removed or is replaced by a system which the
cabinet determines to be less environmentally beneficial;
(f) The relocation or change in ownership of an existing facility.
(35) “Monitoring device” means the total equipment, required in applicable
regulations, used to measure and record (if applicable) process
parameters.
(36) “New source” means a source, the construction, reconstruction, or
modification of which commenced on or after the classification date as
defined in the applicable regulation. A source, upon rec’onstiuctioi ,
becomes a new source, irrespective of a change in emi aio1 ldt.
(37) “Nitrogen oxides” means all oxides of nitrogen except nicious oxide,
measured by test methods specified by the cabinet.
(38) “Opacity” means the degree to which emissions reduce the tLan missioIi or
light and obscure the view of an object in the hackgiound
(39) “Owner or operator” means a person who owns, leases, opel:ates, COIitLO1$,
or supervises an affected facility or a source to which an affected
facility is a part.
(40) “Particulate matter” means a material, except uncombined water, which
exists in a finely divided form as a liquid or a solid as measured by
the appropriate approved test method.
(41) “Particulate matter emissions” means, except as used in 40 CFR 60, all
finely divided solid or liquid material, other than uncombined water,
emitted to the ambient air as measured by applicable reference methods,
or an equivalent or alternative method specified in 40 CFR Chapter 1, or
by a test method specified in the approved state implementation plan.
(42) “Person” means an individual, public or private corporation, political
subdivision, government agency, municipality, industry, co-partneisI ip,
association, firm, trust, estate, or other entity.
(43) “PM 10 ’ means particulate matter with an aerodynamic diameter less thaii
or equal to a nominal ten (10) micrometers as measured bya 1.CtCLCIICC
method based on Appendix J to 40 CFR 50, which has been incorporate:1 h’
reference in 401 J
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(46) “Reconstruction” means the replacement of components of an existincj
affected facility to the extent that the fixed capital cost of the new
components exceeds fifty (50) percent of the fixed capital cost that
would be required to construct a comparable entirely new affected
facility, and it is technologically and economically feasible to me . t
the applicable new source standards. Individual sectici s of tI ’ ”?
regulations may include specific provisions which iefine and deliniir ri.
concept of reconstruction set forth in this subsection. The cabi ,net ’
determination as to whether the proposed replacement constitutes
reconstruction shall be based on:
(a) The fixed capital cost of the replacements in comparison to the
fixed capital cost that would be required to construct a
comparable entirely new facility;
(b) The estimated life of the affected facility after the replacements
compared to the life of a comparable entirely new affected
facility;
(c) The extent to which the components being replaced cause or
contribute to the emissions from the affected facility; and
(d) Economic or technical limitations on compliance with applicable
standards of performance which are inherent in the proposed
replacements.
(47) “Reference method” means a method of sampling and analyzing foi an aiL
pollutant as prescribed by Appendices A through K to 40 C.FR 50,
Appendices A and B to 40 CFR 60, and . ppendix B to 40 CFP
been incorporated by reference in 401 I
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(54) “Stack or chimney” means a flue, conduit, or duct arranged to conduct
emissions to the atmosphere.
(55) “Standard’ means an emission standard, a standard of performance, or an
ambient air quality standard as promulgated under the adniinistiati’ e
regulations of the Division for Air Quality or the emission control
requirements necessary to comply with Title 401, Chapter 51, of the
administrative regulations of the Division for Air Quality.
(56) “Standard conditions:”
(a) For source measurements means twenty (20) degrees Celsius tsixty-
eight (68) degrees Fahrenheit) and a pressuie of 7r fl mm H ‘ -
in. of Hg);
(b) For the purpose of air quality determinations means twenc ’-ti
(25) degrees Celsius and a reference pressure of 760 mm Hg.
(57) “Start-up” means the setting in operation of an affected tacilit”
(58) “State implementation plan’ means the most recez t1 PLe JdLe 1 w . .L
revision required by 42 USC 7410 which has been capproved by the U.
EPA.
(59) “Total suspended particulate’ means particulate matter as measured by
the method described in Appendix B of 40 CFR 50, which has been
incorporated by reference in 401 KAR 50:015.
(60) ‘Uncombined water’ means water which can be separated from a compound by
ordinary physical means and which is not bound to a compound by internal
molecular forces.
(61) “Urban county” means a county which is a part of an urbanized area with
a population of greater than 200,000 based upon the 1980 census. If a
portion of a county is a part of an urbanized area, then the er tii.
county shall be classified as urban with respect to the regulations ot
the Division for Air Quality.
(62) “Urbanized area” means an area defined as such by the U.S. Depai-rmeiit or
Commerce, Bureau of Census.
(63) ‘Volatile organic compound’ or ‘VOC’ means an olganic compow:1
participates in atmospheric photochemical reactions. This include . u
organic compound other than the following compounds: methane; .9thcLIi. ,
carbon monoxide; carbon dioxide; carbonic acid; metallic eaLbid. . 0 ].
carbonates; ammonium carbonate; methylene chloride; J.,J. ,1-
trichloroethane (methyl chloroform); trichiorofluoromethane CFC-11),
dichiorodifluoromethane (CFC-12); chlorodifluoromethane (HCFC-22);
trifluoromethane (HFC-23); l,l,2-trichloro-1,2,2-trifluoroethane CFC-
113); dichlorotetrafluoroethane (CFC- 1 14); chloropCILu&±1uoLo. t!idI,.
(CFC-l15); thchlorotrifluoroethane (HCFC-123); tetratluoroethane HF(-
134a); dichlorofluoroethane (HCFC-141b); chlorodifluoroethane (HCFC-
142b); 2chloro-l,l,1, 2-tetrafluoroethane (HCFC-124); pentafluoroethane
(HFC-l25); 1,l,2,2tetrafluoroethane (HFC-134); 1.1,1-trifluoroethane
(HFC-l43a); l,1—difluoroethane (HFC152a); acetone;
parachlorobenzotrifluoride (PCBTF); cyclic, branched, or linear
completely inethylated siloxanes; perchloroethylene (tetrachloroethyl. i
and perfluorocarbon compounds which fall into these classes:
(a) Cyclic, branched, or linear, completely fluorinated alkanes;
(b) Cyclic, branched, or linear, completely fluorinated ethers with no
unsaturat ions;
(C) Cyclic, branched, or linear, completely fluori:ated t-iiti .i
59.001 — 6
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amines with no unsaturations; and
Cd) Sulfur containing perfluorocarbons with no unsatuiatioiis and with
sulfur bonds only to carbon and fluoiii e. TI e oni u’ J: —
been determined to have negligible photochemical ieaCrl.it F
purposes of determining compliance with emission limits, VOCs
shall be measured by test methods that have been approved by the
cabinet and the U.S. EPA. If a method used also inadvertenrl ’
measures compounds with negligible photochemical reactivity, au
owner or operator may exclude these negligibly reactive compouiids
when determining compliance with an emissions standard.
Section 2. Abbreviationg.
The abbreviations used in the administrative regulations of Title 401,
Chapters 50 to 65, shall have the following meanings:
AOAC - Association of Official Analytical Chemists
ANSI - American National Standards Institute
ASTM - American Society for Testing and Materials
BOD - Biochemical oxidant demand
STU - British Thermal Unit
- Degree Celsius (centigrade)
Cal - calorie
cfm - cubic feet per minute
CFR - Code of Federal Regulations
CH 4 - methane
CO - Carbon monoxide
C0 2 - Carbon dioxide
COD - Chemical oxidant demand
dscf - dry cubic feet at standard conditions
dscm - dry cubic meter at standard conditions
°F - Degree Fahrenheit
ft - feet
g - grain
gal - gallon
gr - grain
hr - hour
MCI - Hydrochloric acid
Hg - mercury
HF - Hydrogen fluoride
H,O - water
H,S - Hydrogen sulfide
H 2 S0 4 - Sulfuric acid
in - inch
.3 - joule
KAR - Kentucky Administrative Regulations
kg - kilogram
KRS - Kentucky Revised Statutes
L - liter
lb - pound
m - meter
m 3 - cubic meter
mm - minute
mg - milligram
MJ - megajoules
MM - million
mm - millimeter
mo - month
Ng - nanograms
N 2 - Nitrogen
NO - Nitric oxide
N 2 0 - Nitrogen dioxide
NO ,, - Nitrogen oxides
oz - ounce
59.001 - 7
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02 - oxygen
03 - ozone
ppb - parts per billion
ppm - parts per million
ppm (w/w) - parts per million (weight by weight)
- microgram
psia - pounds per square inch absolute
psig - pounds per square inch gage
S - at standard conditions
sec - second
SIP - State implementation plan
- Sulfur dioxide
sq - square
TAPPI - Technical Association of the Pulp and Paper Industry
TSP - Total suspended particulates
TSS - Total suspended solids
U.S. EPA - United States Environmental Protection Agency
UTM - Universal Transverse Mercator
VOC - Volatile organic compound
yd - yard
Effective Date: June 6, 1996
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg OCT 20, 1992 JUN 23, 1994 59 FR 32343
1st Revision MAY 4, 1995 JUN 13, 1996 60 FR 31083
2nd Revision JUN 19, 1997 JAN 21, 1997 62 FR 2916
59.001 — 8
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401 K? R 59:005. General provisions.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
Relates to: MRS Chapter 224
Pursuant to: KRS 23.082, 224.033
Necessity and Function: KRS 224.033 requires the Department for Natutal
Resources and Environmental Protection to prescribe regulations to]. the
prevention, abatement, and control of air pollution. This iegu1atioi i
provide for the establishment of monitoring requirements, peiformance tebti:1c
requirements, and other general provisions as related to new sources.
Section 1. Applicability.
The provisions of this chapter shall apply to the owner or operator of any new
source for which a standard of performance has been promulgated under this
chapter.
Section 2. Performance Tests.
(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 other such facility
and at such other times as may be required by the departlm?nr, r)- e -‘v:..i
or operator of any affected facility except those afrected faci1iti. .
specified below shall conduct performance test(s) according to 401 MAR
50:045 and furnish the department a written report of the results of
such performance test(s).
(a) Process operation with a process weight rate of less than 100 tons
per hour;
(b) Indirect heat exchanger of 250 million BTU hear iiij. ut p i
less;
(C) Incinerator with a charging rate of foity-fi e (45J flt. tii .. t h.
per day (fifty(50) tons/day) or less;
(d) Affected facilities specified in 401 MAR 59:046, 401 MAR 59:04 ,
401 MAR 59:050, 401 MAR 59:090, 401 MAR 59.095, 401 h.tR 5
401 MAR 59:175, 401 MAR 59:180, 401, MAR 59:185, 401 KAR 59:190,
401 MAR 59:195, 401 MAR 59:200, 401 MAR 59:210, 401 MAR 59:212,
40]. MAR 59:214, 401 MAR 59:215, 401 MAR 59:220, 401 MAR 59:225,
401 MAR 59:230, 401 MAR 59:235, 401 MAR 59:240.
(2) The department may require the owner or operator of any affected
facility including those specified in subsection (1) of this section tc
conduct performance test(s) according to 401 KAR 50:045 and furnish a
written report of the results of such performance test(s)
Section 3. Notification and Recordkeeping. Nothing in this section shall
relieve the owner or operator from the responsibility of obtaining the
appropriate permits required by 401 KAR 50:035.
(1) Any owner or operator subject to the provisions of this iecjulatiot . )LIli
furnish the department written notification as follow ,.
(a) A notification of the date of construction, reconstruction, o
modification of an affected facility is commenced, postmaLked no
later than thirty (30) days after such date;
(b) A notification of the anticipated date of initial startup or au
affected facility postiuaiked not moic thai: sixr -
less than thirty (30) days prior to such date;
59• 0 05 - 1
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(C) A notification of the actual date of initial startup of art
affected facility postmarked within fifteen (15) days after such
date;
Cd) A notification of any physical or operational change to an
affected facility which may increase the emission rate of any air
pollutant to which a standard applies. This notice shall be
postmarked sixty (60) days or as soon as practicable before the
change is commenced and shall include information describing the
precise nature of the change, present and proposed emission
control systems, productive capacity of the facility L ,e oi.e and
after the change, and the expected completion date of the cILaIl
The department may request additional relevant information
subsequent to this notice;
(e) A notification of the date upon which demonstration of the
continuous monitoring system performance commences in accoLdaItc
with Section 4(3). Notification shall be po cnaLk J i :
thirty (30) days prior to such date.
(2) Any owner or operator sub)ect to the provisions of this chapter shall
maintain records of the occurrence and duration of any startup,
shutdown, or malfunction in the operation of an affected facility; ai y
malfunction of the air pollution control equipment; or any periods
during which a continuous monltoiing system oi mo! itoi1!Rj J i. —
inoperative.
(3) Each owner or operator required to install a continuous monitoring
system shall submit for every calendar quarter a written report of
excess emissions (as defined in applicable sections) to the department.
Both a printed report and computer tape or cards shall be furnished in
the format specified by the department. All quarterly reports shall b .
postmarked by the thirtieth (30th) day following the end of each
calendar quarter and shall include the following information:
(a) The magnitude of excess emissions computed in accordance with
Section 4(8), any conversion factor(s) used, and the date and time
of commencement and completion of each time period of excess
emissions;
(b) All hourly averages shall he reported foi sultui dicxide and
nitrogen oxides monitors. The houily averages shall be mad.
available on computer tape or cards;
Cc) Specific identification of each period of excess emissions that
occurs during startups, shutdowns, and malfunctions of the
affected facility. The nature and cause or nI. lruILt .m
known),the corrective action taken or preventative measures
adopted;
Cd) The date and time identifying each period during which the
continuous monitoring system was inoperative except for zeio and
span checks and the nature of the system repairs or adjustments;
Ce) When no excess emissions have occurred or the continuous
monitoring system(s) have not been inoperative, repaired, or
adjusted, such information shall be stated in the report.
(4) Any owner or operator subject to the provisions of this chapter shall
maintain a file of all measurements, including continuous monitoring
system, monitoring device, and performance testing measurement; all
continuous monitoring system performance evaluations; all COntlIiUous
monitoring system or monitoring device calibration checks; adjustments
sg:oos — 2
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and maintenance performance on these systems or devices; and all Otliei.
information required by this chapter recorded in a permanent form
suitable for inspection. The file shall be ietaiived toi ..-tt l ’ t t t
(2) years following the date of such measurements, maiIit. I tn.... , L’
and records.
Section 4. Monitoring Raquirements.
(1) All continuous monitoring systems require under the iegulatioi or thi .
chapter shall be subject to the provisions of this ecrion up ,i.
promulgation of performance specifications for continuous morliro ilILu
system under Appendix B of 40 CFR 60, filed by reference in 401 KAP
50:015, unless:
(a) The continuous monitoring system is subject to the provisions of
subsection (3) (b) and (C) of this section; or
(b) Otherwise specified in the applicable regulation or by the
department.
(2) All continuous monitoring systems and monitoring devices shall he
installed and operational prior to conducting performance tests under
Section 2. Verification of operational status shall, as a minimum,
consist of the following:
(a) For continuous monitoring systems referenced in subsection (3) (a)
of this section, completion of the conditioning petiod speciri J
by applicable requirements in Appendix B to 40 CFR 60,
(b) For continuous monitoring systems referenced in subsection (3) b
of this section, completion of the seven (7) days of operation’
(c) For monitoring devices referenced in applicable regulations.
completion of the manufacturci’s wiitteri i’ guiL ’ nu’ I.r-
recommendations for checkincj the opeiacion 01 cct11bL tr1c 1 . t rI,’:
device.
(3) During any performance tests iequirecl undei Section 2 01 .itIiii t )ji lt
(30) days thereafter and at such other times as may be iequiied b ’
department, the owner or operator of any affected facility shall conduct
continuous monitoi-ing system performance evaluations and funi ). r i—
department within sixty (60) days thereof a copy of a wlitteit Lepo ir or
the results of such tests. These continuous monitoring system
performance evaluations shall be conducted in accordance with the
following specifications and procedures:
(a) Continuous monitoring systems listed within this paragraph except
as provided in paragraph (b) of this subsection shall be evaluate-I
in accordance with the requirements and procedures contained ii
the applicable performance specification of Appendix B to 40 CFR
60 as follows;
1. Continuous monitoring systems for measuring opacity of
emissions shall comply with Performance Specification 1;
2. Continuous monitoring systems for measuring nitrogen oxides
emissions shall comply with Performance Specification
3. Continuous monitoring systems for measuring sulfui dioxide
emissions shall comply with Performance Specification 2,
4. Continuous monitoring systems foi measuring the oxygen
content or carbon dioxide content of effluent gases shall
comply with Performance Specification 3.
(b) An owner or operator who, priol. to S.epcembei 11, 1 4. —I:r—:—
into a binding contractual obligation to puich is spec ric
59:005 - 3
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continuous monitoring system components or who, prior to Octoh -i
6, 1975, installed continuous monitoring equipment, shall compi.-
with the following requirements:
1. Continuous monitoring systems for measuring opacity of
emissions shall be capable of measuring emission levels
within plus or minus twenty (20) percent with a confidence
level of ninety-five (95) percent. The Calibration Error
Test and associated calculation procedures set forth in
Performance Specification I of Appendix B to 40 CFR oti . 1i.t1i
be used for demonstrating compliance with this
specification;
2. Continuous monitoring systems for measurements of !i1tL jCLL
oxides or sulfur dioxide shall be capable of measuling
emission levels within plus or minus twenty (20) pelcent
with a confidetice level of i iiiety-ti (9 - - r
Calibration Error Test, the Field Test rol ACCU aC’
(Relative), and associated operating and calculation
procedures set forth in Appendix B to 40 CFR 60 shall be
used for demonstrating compliance with this specificatici ,
3. Owners or operators of all continuous monltolilicj 3 stCfli.
installed on an affected facility prioi to Octol-ei
may be required to conduct tests undei. subpaiagLaphs I
and/or 2 of this paragraph if so requested by the
department.
(C) All continuous monitoring systems referenced by paragraph (h) ot
this subsection shall be upgraded or replaced it necessary) with
new continuous monitoring systems, and the new or improved systems
shall be demonstrated to comply with applicable pettormance
specifications under paragraph(a) of this subsection on or befoic
September 11, 1979.
(4) Owners or operators of all continuous monitoring systems installed in
accordance with the provisions of this regulation shall check the zeio
and span the drift at least once daily in accordance with the method
prescribed by the manufacturer of such systems unless tl e
recommends adjustments at shorter intervals, in which case . uch
recommendations shall be followed. The zero and span shall, as a
minimu n, be adjusted whenever the twenty-four (24) houi zeio diitt
twenty-four (24) hour calibration drift limits of the applicable
performance specifications in Appendix B to 40 CFR 60 are exceeded FOL
continuous monitoring systems measuring opacity of emissiolAs, tIt
optical surfaces exposed to the effluezit gases 5Ii ll
performing the zero or span drift adjustments except that, tOi.
using automatic zero adjustments, the optical surfaces shall be cleaned
when the cumulative automatic zero compensation exceeds four (4) percent
opacity. Unless otherwise approved by the department, the tollowin ci
procedures, as applicable, shall be followed:
(a) For extractive continuous monitoring systems measuiing gases,
minimum procedures shall include introducincn applic-ahie -v-I
span gas mixtures into the measurement system as iieai the pioh.
is practical. Span and zero gases certified by their manufactuici.
to be traceable to National Bureau of Standards reference gases
shall be used whenever these reference gases are available. The
span and zero gas mixture shall be the same composition as
specified in Appendix B to 40 CFR 60. Every six (6) months from
date of manufacture, span and zero gases shall be re-analyzed by
conducting triplicate analyses with Reference Method 6 foi. sultun.
dioxide, Reference Method 7 for nitrogen oxides, and Reference
Method 3 for oxygen and carbon dioxide;
59:005 — 4
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(b) For non-extractive continuous monitoring systems measulliRl cIct —.-,
minimum procedures shall include upscale cltecks u izicJ a
certified calibration gas cell or test cell which is turtctionall
equivalent to a known gas concentration. The zeio check ma
performed by computing the zero value from upscale measuiernenr .
by mechanically producing a zero condition;
(c) For continuous monitoring systems measuiizicj op .itv or ic _
minimum procedures shall include a method foi. pioduci icj a
simulated zero opacity condition and an upscale (span) opacity
condition using a certified neutral density filter oi. othei
related technique to produce a known obscuration of the light
beam. Such procedures shall provide a system check of the
analyzer internal optical surfaces and all electronic circuitry
including the lamp and photodetector assembly.
(5) Except for system breakdowns, repairs, calibration checks, and zero and
span adjustments required under subsection (4) of this section, all
continuous monitoring systems shall be in continuous operation and shall
meet minimum frequency of operation requirements as follows:
(a) All continuous monitoring systems referenced by subsection :‘i (a
arid (b) of this section for measuring opacity of emissions shall
complete a minimum of one (1) cycle of sampling and analyzing foi
each successive ten (lO)second period and one (1) cycle of data
recording for each successive six (6) minute period.
(b) All continuous monitoring systems referenced by subsection 131 lal
of this section for measuring oxides of nitrogen, sulfui •:1 1 r ., .
carbon dioxide, or oxygen shall complete a minimum or .m 1
cycle of operation (sampling, analyzing, and data LecoLdiI1 j, r i
each successive fifteen (15) minute period;
Cc) All continuous monitoring systems referenced by subsectioi iii
of this section, except opacity, shall complete a minimum ot one
(1) cycle of operation (sampling, analyzing, and data recoidii i
for each successive one (U how. j.eiiod.
(6) All continuous monitoring systems or monitoring devices shall be
installed such that representative measurements of emissions or piocess
parameters from the affected facility are obtained. Additional
procedures for location of continuous monitoring systems contained in
the applicable Performance Specifications of Appendix B to 40 CFR bO
shall be used.
(7) When the effluents from a single affected facility or two (2) or more
affected facilities subject to the same emission standard are combined
before being released to the atmosphere, the owner or operator may
install applicable continuous monitoring systems shall be installed on
each effluent. When the effluent from one (1) affected facility is
released to the atmosphere through more than one (1) point, the o .’he1
operator shall install applicable continuous monitoring systems on ear l 1
separate effluent unless the installation of fewer systems is appLo . d
by the department.
(8) Owners or operators of all continuous monitoring systems foi measuLemeiit
of opacity shall reduce all data to six (6) minute avelages arid toL
systems other than opacity to one (1) hour aveiages 9i ( ) mir ft—
opacity averages shall be calculated trom twenty-tow. 4i lII 1 j,-t [
points equally spaced over each six (6 miiiut pejiod. Foi ybt ’ flt
other than opacity, one Cl) hour averages shall be computed non U i.
(4) or more data points equally spaced OVèL each one jI how. p ’ iio l
Data recorded during periods of system breakdowi s, i .epaits, aliLi tci i
59:005 - 5
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checks, and zero and span adjustments shall not be included in the data
averages computed under this subsection. An arithmetic or integrated
average of all data may be used. The data output of all continuous
monitoring systems may be recorded in reduced or nonreduced form (e.g.
ppm pollutant and percent oxygen or lb/million BTU of pollutant) - All
excess emissions shall be converted into units of the standard using the
applicable conversion procedures specified in regulations withii 1 thi.
chapter. After conversion into units of the standard data may be
rounded to the same number of significant digits used in the regulation
to specify the applicable standard (e.g. rounded to the nearest one (1)
percent opacity.)
(9) Upon written application by an owner or operatol., the de aitm itt rna .
allow alternative monitoring procedures oi requllen ectts l1_l !. . - I -- -
approved by the U.S. Environmental Protection Agency including, but icr
limited to the following:
(a) Alternative monitoring requirements when installation of a
continuous monitoring system or monitoring device specitied b’
this chapter would not provide accurate measurements due to 1 • u : )
water or other interferences caused by substances with the
effluent gases;
(b) Alternative monitoring requirements when the affected racilicy i
infrequently operated;
(c) Alternative monitoring requirements to accommodate continuous
monitoring systems that require additional measurements to coriect
stack moisture conditions;
(d) Alternative locations for installing continuous monitoring systems
or monitoring devices when the owner or operator can demonstrate
that installation at alternate locations will enable accurate and
representative measurements;
(e) Alternative methods of converting pollutant concentration
measurements to units of the standards;
(f) Alternative procedures for performing daily checks of zeio and
span drift that do not involve use of span gases oi. test cells,
(g) Alternatives to the A.S.T.M. test methods, filed by iefeience lit
40]. KAR 50015, or sampling procedures specified by any i.egulation,
(h) Alternative continuous monitoring systems that do itot meet t (
design or performance requirements in Performance Specification I,
Appendix B to 40 CFR 60, but adequately demonstrate a definite and
consistent relationship between its measurements and the
measurements of opacity by a system complying with rI ?
requirements in Performance Specification 1. The department m
require that such demonstration he performed for each affe’-r. .I
facility;
(i) Alternative monitoring requltemelits when the erriuciat tioni
single affected facility or the combined effluent tiorn two
(2) or more affected facilities are released to the
atmosphere through more than one (I) point.
Effective Date: December 1, 1982
59:005 - 6
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Date Submitted
to EPA
Date Approved
by EPA
Original Reg
1st Revision
JUN 29 , 1979
DEC 09, 1982
DEC 24. 1980
JAN 25, 1980
JUL 12, 1982
DEC 04, 19S6
45 FR 34999
45 FR 6092
4 FP Uu ’
51 FR 4 742
Fedeial
R g1st i
59:005 — 7
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401. KAR 59:010. New process operations.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CAEINET
Department for Environmental Protection
Division for Air Quality
Relates to: KRS 224.20-100, 224.20—110, 224.20-120
Pursuant to: KRS 224.10-100
Necessity and Function: KRS 224.10-100 requires the Natural Resouices arid
Environmental Protection Cabinet to prescribe regulations to t! e
abatement, and control of air pollution. This regulation provides foi the
control of emissions from new process operations which are not subject to
another particulate standard within this chapter.
Section 1. Applicability.
(1) The provisions of this regulation shall apply to each affected facilit’
or source, associated with a process operation, which is not subject tc.
another emission standard with respect to particulates in this chapter,
commenced on or after the classification date defined below.
(2) The provisions of this regulation which apply to affected facilities or
sources located in non-attainment areas shall continue to apply to those
affected facilities or sources if the area is redesignated to atra:r,n—i.r
or unclassified status in 401 KAR 51:010 or 40 CFR Sl. lS, uiile ri
State Implementation Plan which provides for other controls is appioved
by the U.S. EPA.
Section 2. Definitions.
As used in this regulation, all terms not defined herein shall have die
meaning given them in 401 KAR 50:010.
(1) “Process operation” means any method, foim, actioi , 1atiozi, 01.
treatment of manufacturing or processing, and shall include any t0LdtiC
or handling of materials or products, before, duting, 01 attel
manufacturing or processing.
(2) “Process weight’ means the total weight of all materials introducet-J lr iro
any affected facility which may cause any emissior or p.riLticu1dt.
matter, but does not include liquid and gaseous fuels cliaiged,
combustion air, or uncombined water.
(3) “Process weight rate means a rate established as follows:
(a) 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 numhei of houL , . r
such period or portion thereof.
(b) For cyclical or batch unit operations, or unit processes, the
total process weight for a period that covers a complete opelation
or an integral number of cycles, divided by the hours of actual
process operation during such a period.
(C) Where the nature of any process operation oi the design or anj
equipment is such as to permit more than one (I) liitCLplCtcitloIi ut
this definition, the interpretation which results in the minimum
value for allowable emission shall apply.
(4) “Affected facility’ as related to process operations means the 1 t r
operation preceding the emission of air contaminants which 1.e 1Ilt
(a) In the separation of the air contaminant tiom the p o
materials; or
59:010 — I
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(b) In the conversion of the process materials into ai contamii,az t ,
but does riot include an air pollution abatement operation.
(5) “Classification date” means July 2, 1975.
(6) “Continuous emission” means a visible emission of particulate matter
which persists for more than three (3) minutes, the opacity of which is
measured in accordance with Reference Method 9, filed by reference ii..
401 KAR 50:015.
(7) “Intermittent emission ’ means a visible emission of particulate matte L
which persists for three (3) minutes or less, the opacity or which lb
measured in accordance with Kentucky Method 150 (F-I), tiled bi
reference in 401 KAR 50:015.
Section 3. Standard for Particulate Matter.
(1) Opacity standard.
(a) No person shall cause, suffer, allow, or permit any continuous
emission into the open air from a control device oi. stack
associated with any affected facility which is equal to oi gi. arei
than twenty (20) percent opacity.
(b) No person shall cause, suffer,’ allow, oi permit any continuou.
intermittent fugitive emission into the open au from any attecred
facility or source located in any area designated non-attainnieiir
for total suspended.particulates under 401 MAR 51:010 which us
equal to or greater than twenty (20) percent opacity, or which
remains visible beyond the line of the property on which the
emission originates.
(C) For sources commenced on or after the classification date of this
regulation, but before September 4, 1986, variation with the
standards specified in paragraph (b) of this subsection, when
supported by adequate technical information, will be considered by
the cabinet on a case-by-case basis to allow for technical or
economic circumstances which are unique to a source, provided rhat-
such a variance has been approved by the U.S. EPA.
(2) Mass emission standard. For emissions from a control device ot stack lic’
person shall cause, suffer, allow or permit the emission into rh. open
air of particulate matter from any affected facility which is in exce
of the quantity specified in Appendix A to thus regulation
Section 4. Test Methods and Procedures.
Except as provided in 401 MAR 50:045, performance tests used to demoiisti ,t.
compliance with Section 3 of this regulation shall be conducted accoidincj to
the following methods. Kentucky Methods 50 and 150(F-1) and othei methods aic
filed by reference in 401 KAR 50:015.
(1) For sources located in or having significant impact upon ajeas
designated non-attainment for total suspended paiticu1at. uhd- i - I -
51:010, Kentucky Method 50 for the emission rates of parruculat. rnatre
and the associated moisture content. In all other Reference Method 5
shall be used.
(2) Reference Method I for sample and velocity traverses.
(3) Reference Method 2 for velocity and volumetric flow rate
(4) Reference Method 3 for gas analysis.
(5) Reference Method 9 for opacity of continuous emissions
59:010 — 2
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(6) Kentucky Method lSO(F-l) for opacity of intermittent emis 1o i.
(7) For Kentucky Method 50, or Reference Method 5, Reference Method I
be used to select the sampling site and the numhei ot tLa eIse arn11ni
points. The sampling time for each run shall he at least ixr
minutes and the minimum sample volume shall be 0.85 dscm thiitv (3O
dscf) except that smaller sampling time or volumes, :Ii - ’ , i - --- :‘ 1
process variables or other factois, ma be appio. J } • — r
Effective date: April 14, 1988
Date Submitted Date Approved
to EPA by EPA
FedeLal
Register
Original Reg
JUN
29,
1979
DEC
24,
1980
45
FR
84999
1st
Revision
DEC
09,
1982
DEC
04,
1986
51
FR
43472
3rd
Revision
SEP
19,
1986
MAY
04,
1989
54
FR
19169
4th
Revision
JUL
07,
1988
FEB
07,
1990
55
FR
4169
59:Oi O - 3
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APPENDIX A TO 401 KAR 59:010
ALLOWABLE RATE OF PARTICULATE EMISSION
BASED ON PROCESS WEIGHT RATE
Process Weight Maximum Allowable
Rate Emission Rate
Lb/Hr.
Ton/Hr.
Lb,Hi
1,000 or
less
0.50 or
less
1,500
0.75
3.00
2,000
1.00
3.59
2,500
1.25
4.12
3,000
1.50
4 62
3,500
1.75
5.0
4,000
2.00
5.52
5,000
2.50
6,000
3.00
0 ’
7,000
3.50
7.81
8,000
4.00
. .4S
9,000
4.50
9 12
10,000
5.00
9.74
12,000
6.00
10.90
16,000
8.00
13.0)
18,000
9.00
14.02
20,000
10.00
14.97
30,000
15.00
19.24
40,000
20.00
23.00
50,000
25.00
26.41
60,000
30.00
29.57
70,000
35.00
30.57
80,000
40.00
31.23
90,000
45.00
31.33
100,000
50.00
32.37
120,000
60.00
33.3
140,000
70.00
34.16
160,000
80.00
34.90
200,000
100.00
36 17
1,000,000
500.00
4 ’,
2,000,000
1,000.00
52 2:
6,000,000
3,000.00
2.32
Interpolation of the data for process weight rates up to 60.000 lb hi .Dh•111
be accomplished by use of the equation E 3.59P ‘, atid iiitetpolauiozz cwJ
extrapolation of the data for process weight lates iii .f • rr H
shall be accomplished by the use of the equation E 17 31 p wI ei. E
of emission in lb/hr and P=process weight in tons/hr.
59:010 - 4
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401 KAR 59:015. New indirect heat exchangers.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
Relates to: KRS Chapter 224
Pursuant to: KRS 224.10-100
Necessity and Function: KRS 224.10-100 requires the Department foi Natuicil
Resources and Environmental Protection to prescribe regulations foi. the
prevention, abatement, and control of air pollution. This recjulatioii pio.id.
for the control of emissions from new indirect heat exchangers.
Section 1. Applicability.
The provisions of this regulation shall apply to each affected facilit
commenced on or after the applicable classification date defined below. Any
affected facility subject to 401 KAR 59:016 is not subject to this iegulation.
Section 2. Definitions.
As used in this regulation, all terms not defined herein shall have the
meaning given them in 401 KAR 50:010.
(1) ‘Affected facility” means an indirect heat exchanger having a heat input
capacity of more than one (1) million BTU per hour.
(2) ‘Indirect heat exchanger” means any piece of equipment, apparatus or
contrivance used for the combustion of fuel in which the energy proc1u -eU
is transferred to its point of usage through a medium that does i or orre
in contact with or add to the products of combustion.
(3) ‘Classification date” means:
(a) August 17, 1971 for affected facilities with capacity of more than
250 million BTU per hour heat input with respect to particulat..
emissions, sulfur dioxide emissions and (if fuels othei tha i
lignite are burned) nitrogen oxide em1ss1oIis,
(b) April 9, 1972 for affected facilities with a capacity of 250
million BTU per hour heat input oi- less with lespect to
particulate emissions and sulfur dioxide emissions,
Cc) December 22, 1976 for affected facilities with a capacity ot moic
than 250 million RTU per hour heat input with te pe t c . it
oxides if lignite is the fuel burned.
Section 3. Method for Determining Allowable Emission Rates.
(1) Except as provided in subsection (3) of this section, the total rated
heat input capacity of all affected facilities within a source,
including those for which an application to construct, modify ci
reconstruct has been submitted to the department, shall be used as
specified in Sections 4 and 5 to determine the allowable emissions in
terms of pounds of effluent per million BTU input.
(2) At such time as any affected facility is assigned an allowable emission
rate by the department, at no time thereafter shall that rate he changed
due to inclusion or shutdown of any affected facility at the scuice
(3) (a) A source may petition the department to establish an allowabl .
emission rate which may be apportioned without regard to
individual heat input provided that the conditions specified in
paragraphs (b), (c), (d) and Ce) of this subsection aic met ‘uch
59:015 - I
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allowable emission rate shall be determined accoiding to tz e
following equation:
F = (AB + DE)/C Where:
A = the allowable emission rate (in pounds per million BTU
input) as determined according to subsection .I ot
this section;
B = the total rated heat input (in millions of BTU per
hour) of all affected facilities commenced on or after
the applicable classification date within a source,
including those for which an application to construct,
modify, or reconstruct has been submitted to the
department;
C = the total rated heat input (in millions of BTU pci
hour) of all affected facilities within a souice,
including those for which an application to cOlistiuct,
modify, or reconstruct has been submitted to the
department;
D = the allowable emission rate (iii pounds per million E.T1 1
input) as determined according to 401 KAR 61:015,
Section 3(1);
E = the total rated heat input tin millions of ETU
hour) of all affected facilities commenced hefci.•
applicable classification date.
F = the alternate allowable emission late tm pouid pe
actual million BTIJ input) -
(b) At no time shall the owner or operator of the source allows the
total emissions (in pounds per hour) from all affected facilities
within the source divided by the total actual heat input tin
millions of BTU per hour) of all affected facilities within the
source to exceed the alternate allowable emission rate as
determined by paragraph (a) of this subsection.
(c) At no time shall the owner or operator of any source subject to
federal new source performance standards allow the emissions from
any affected facility commenced on or aftei the app1i- ih l-
classification date to exceed the allowable emission iate
determined by use of that affected facility’s rated heat input
(instead of the heat input as determined by subsection (Ii or rIi
section) as specified in Sections 4 and 5.
(d) The owner or operator of the source must demonstrate compliaiic.
with this subsection by conducting a performance test ac-: ln
401 KAR 50:045 on each affected facility undei such t diti tj.r ’
may be specified by the department.
(e) Upon petition, the department will establish an alternate emissioi
rate in accordance with this subsection if the owner or opeiatol
demonstrates to the departments satisfaction that the source will
maintain compliance with this subsection on a continual ba i;
Section 4. Standard for Particulate Matter.
Except as provided in Section 3(3), no owner or operator of an affected
facility subject to the provisions of this regulation shall cause to be
discharged into the atmosphere from that affected facility, particulate matter
59:015 — 2
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in excess of that specified below:
(1) For sources having a total heat input capacity, as determined by Section
3(1), which is:
(a) Ten (10) million BTU per hour or less, the standai:d is 0.5b pcunJ. .
per million BTU actual heat input;
(b) 250 million BTU per hour or more, the standaid i •j.iu )J. un.J i :
million BTU actual heat input;
(C) For heat input values between those specified in patagiaplas I i
and (b) of this subsection, the standard in pounds pet million ETU
actual heat input, is equal to:
0.9634 times that quantity obtained by ia1sii j t1
input capacity (in millions of BTU per hour) to tbe -0.235c.
(2) Emissions which exhibit greater than twenty (20) percent opacity ex.epr
(a) That, for indirect heat exchangers with heat input capacity or 25)
million BTtJ per hour or more, a maximum of twenty-seven (27,
percent opacity shall be permissible for not more than one (j six
(6) minute period in any sixty (60) consecutive minutes
(b) That, for indirect heat exchangers with heat input capacity of
less than 250 million BTU per hour, a maximum of forty (40)
percent opacity shall be permissible for not more than six (6)
consecutive minutes in any sixty (60) consecutive minutes during
cleaning the fire box or blowing soot.
(c) For emissions from an indirect heat exchanger during building a
new fire for the period required to bring the boiler up to
operating conditions provided the method used is that recommended
by the manufacturer and the time does not exceed the
manufacturer’ s recommendations.
Section 5. Standard for Sulfur Dioxide.
Except as provided in Section 3(3), no ownet c i. opetatol 01 an
facility subject to the provisions of this regulation shall t
discharged into the atmosphere from that affected facility. any qase.r hi L
contain sulfur dioxide in excess of that specified below.
(1) For sources which have a total heat input capacity, as deteimined L’
Section 3(1), which is:
(a) Ten (10) million BTU PCL hour ci. less, tk , ’ t,tz ,Jcu.i . .r
pounds per million BTU actual heat input tot combustion or i .j i I
and gaseous fuels and five (5.0 (pounds per million BTU actual L eat
input for combustion of solid fuels;
(b) 250 million BTU per hour or more, the standard is 0.8 pounds pet
million BTU actual heat input for combustion of liquid and
gaseous fuels and 1.2 pounds per million BTU actual heat input cci.
combustion of solid fuels;
Cc) For heat input values between those specified in paragraphs (a)
and (b) of this subsection, the standard in pounds per million BTU
actual heat input, is equal to:
1. For combustion of liquid and gaseous fuels, 7.7223 times
that quantity obtained by raising the total heat input
capacity (in millions of BTU per hour to the -U.4.LUt j. L;
2. For combustion of solid fuels, 13.8781 times that quantity
obtained raising the total heat input capacity (in million .
of BTTJ per hour) to the -0.44434 power.
59:D1 -
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(2) When different gases are burned simultaneously in any combination tI
applicable standard shall be determined by proration using th aqua rc .
given in Appendix A of this regulation.
(3) Compliance shall be based on the total heat input from all fuels buLned,
including gaseous fuels.
Section 6. Standard for Nitrogen Oxides.
(1) No owner or operator of an affected facility with a heat input capacity
of 250 million BTU per hour or more subject to the provisions of this
regulation shall cause to be discharged into the atmosphere any gases
which contain nitrogen oxides expressed as nitrogen dioxide in exces
of:
(a) 0.20 lb. per million BTU heat input (0.36 g. per million cal)
derived from gaseous fuel;
(b) 0.30 lb. per million BTU heat input (0.54 g. per million cafl
derived from liquid fuel;
Cc) 0.70 lb. per million BTU heat input (i.2ó y. p . million :. l
derived from solid fuel (except lignite)
Cd) 0.60 lb. per million BTU heat input (1.08 g. per million cal
derived from lignite or lignite and wood residue except as
provided under paragraph (e) of this subsection;
Ce) 0.80 lb. per million BTU derived non lignite i.i r
North Dakota, South Dakota, or Montana and which is buined in
cyclone-fired unit.
(2) Except as provided in subsections (3) and (4) of this section, when
different fuels are burned simultaneously in any combination, the
applicable standard shall be determined by proration using the equation
given in Appendix B to this regulation.
(3) When a fossil fuel containing at least twenty-five (25) percent by
weight, of coal refuse is burned in combination with gaseous, liquid, or
other solid fossil fuel or wood residue, the standard for nitrogen
oxides does not apply.
(4) Cyclone-fired units which burn fuel containing at least twenty-fi e ‘2
percent of lignite that is mined in North Dakota, South Dakota, or
Montana remain subject to subsection (1) Ce) of this section regardless
of the types of fuel combusted in combination with that lignite
Section 7. Emission and Fuel Monitoring.
The provisions of this section shall apply to any affected facility of more
than 250 million BTU per hour rated heat input capacity
(1) Each owner or operator shall install, calibrate, maintain, and oper.tt.
continuous monitoring systems for measuring the opacity of emissions,
sulfur dioxide emissions, nitrogen oxides emissions and either oxycjen or
carbon dioxide except as provided in subsection (2) of this section
(2) Certain of the continuous monitoring system requirements under
subsection Cl) of this section do not apply to owners r op i.r r
the following conditions:
(a) For an indirect heat exchanger that burns only gaseous fuel,
continuous monitoring systems for measuring the opacity of
emissions are not required;
Cb) For an indirect heat exchanger that burns only natural gas, wood,
59:015 — 4
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wood residue, or any combination thereof, continuous monitoring
systems for measuring sulfur dioxide emissions are not requireLl,
Cc) Notwithstanding 401 KAR 59:005, section 4(2), iit . 11 i’
continuous monitoring system for nitrogen oxides may b. d.i1 .?
until after the initial performance tests under 401 1(AL 59:005,
Section 2, have been conducted. If the ownei. or opelatol
demonstrates during the performance test that emissions ot
nitrogen oxides are less tn seventy 170) peLcent of th. api 1i I1—
standards in Section 6, a continuous monitoring system toi
measuring nitrogen oxide emissions is not requiied If rl...
initial performance test results show that iiitioj. n o .1: )-?
emissions are greater than seventy (70) percent or th ap 1 . J
standard, the owner or operator shall install a continuou.
monitoring system for nitrogen oxides within one Cl) yea aftet
the date of the initial performance tests undei 401 KAR 59 00 ’,
Section 2, and comply with all othei applicable moIiltoLlIicI
requirements under this chapter;
Cd) If an owner or operator does not install any continuous monitJi. i u
systems for sulfur oxides and nitrogen oxides, as provided undei.
paragraphs (a) and (C) or paragraphs (b) and (C) of this
subsection, a continuous monitoring system for measuring eithei.
oxygen or carbon dioxide is required.
Ce) For an indirect heat exchanger that does not use a flue gas
desulfurization device, a continuous monitoring system fbi
measuring sulfur dioxide emissions is not required if the ownei. 01
operator monitors sulfur dioxide emissions by fuel sampling and
analysis under subsection (6) of this section.
(3) For performance evaluation under 401 KAR 59:005, Section 4(3) ind
calibration checks under 401 KAR 59:005. Section 4(4), the t 11
procedures shall be used:
(a) Reference Methods 6 or 7, filed by reference in 401 I’ AR 50:ulS,
applicable, shall be used for conducting pet fo tma!ice evalu iti ,n.
of sulfur dioxide and nitrogen oxides continuous moxlcoliI ,1
systems;
(b) Sulfur dioxide or nitric oxide, as applicable, shall he u e:1 r--i
preparing calibration gas m1xtuLe undet PCLtOLnttIa ‘ i -
2 of Appendix B to 40 CFR 60. filed by refeiei ce in 401 k. R ‘3 . i. r,
Cc) For affected facilities burning fossil fuel(s), the span va1u. toi
a continuous monitoring system measuring the opacity of emissions
shall be eighty (80), ninety(90), or 100 percent and fot a
continuous monitoring system measuring sulfur oxides ot nittoger
oxides the span value shall be determined as shown in
of this regulation;
(d) All span values computed under paragraph Cc) of this subsection
for burning combinations of fuels shall be rounded to the neatest
500 ppm;
Ce) For an indirect heat exchanger that simultaneously hutz s fo i1
fuel and nonfossil fuel, the span value of all continuous
monitoring systems shall be subject to the department’s appioval.
(4) A continuous monitoring system for measuring either oxygen oi. carbon
dioxide in the flue gases, shall be installed, calibrated, maintained
and operated by the owner or operator.
(5) For any continuous monitoring system uIbtalled LwU . L ui• ’. -
59:015 — 5
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this section, the following conversion procedures shall be used to
convert the continuous monitoring data into units of the ap >:1r-. d
standards (ng/J ,lb/million BTU):
(a) When a continuous monitoring system for measuring oxygen i
selected, the measurement of the pollutant concentration and
oxygen concentration shall each be on a consistent basis (wet or
dry). Alternative procedures approved by the department and the
U.S. Environmental Protection Agency shall be used when
measurements are on a wet basis. When measurements are on a dry
basis, the following conversion procedure shall be used:
E = (20.9CF)/(20.9 -% oxygen), where:
E, C, F, and % oxygen are determined under subsection o) at
this section.
(b) When a continuous monitoring monitoring sv terLI t L n i. u i.i
carbon dioxide is selected, the measurement or a po1lut. uit
concentration and carbon dioxide concentration shall each be o :
consistent basis (wet or dry) and the following conversion
procedure shall be used: E = (100CFc) (% carbon dioxide) where
E,C,Fc and % carbon dioxide are determined under subs etiori ( . at
this section.
(6) The values used in the equations under subsectioi i i ,r .imi .1.
section are derived as follows:
(a) E = Pollutant emission, g/million cal i1b.millio i ETU>
(b) C = Pollutant concentration, g/dscrn tlb/dscft, determined b
multiplying the average concentration (ppm) for each one Il > how.
period by .0000415 M g/dscm per ppm (2 59 times ten (10) ia1 e’1 t ’
the negative nine (9) power times M lb/dscf pci. ppm where N
pollutant molecular weight, gfg-mole (lb/lb-mole)
M = 64.07 for sulfur dioxide and 46.01 for nitrogen oxides.
(C) F, Fc = a factor representing a ratio of the volume of dry flue
gases generated to the calorific value of the fuel cornbusted (f),
and a factor representing a ratio of the volume of caibozi dio. id .
generated to the calorific value of the fuel combusted (Pc),
respectively, as follows (ASTM designations are filed by reference
in 401 KAR 50:015):
1. For anthracite coal as classified according to ASTM D (-
66(72), F = 10,140 dscffmillion BTU and Fc. = 1980 scf
CO,/million BTU.
2. For sub-bituminous coal as classified accordinc to ! TM
D388—66(72), F = 10,140 dscf/million BTU and Fc = l9 0 ct
CO,/rnillion BTU.
3. For liquid fossil fuels including crude, residual, and
distillate oils, F 9220 dscffmillion BTU and Fc 24:0 r
CO,/nullion BTU.
4. For gaseous fossil fuels, F = 8740 dscz,’millioii bTIJ For
natural gas, propane and butane fuels, Pc = 104(i srt
CO,/million BTU for natural gas, 1200 sct CO ,million E.TU
for propane, and 1260 scf CO-/million BTU tor butaia. .
5. For bark, F = 9575 dscf/million BTU and Fc = 1927 sct
CO ,/million STU. For wood residue other than bark, F
dscf/million BT (J and Fc = 1842 scf CO ,/millj.or , BTU.
59:015 — 6
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6. For lignite coal as classified according to ATM D ::-
66(72), F = 9900 dscf/million BTU and Fc .192C .,ct
CO,/million BTT.J.
Id) The owner or operator may use the equation given in Appcndi. . D
this regulation to determine an F factor (dscm,millioii c t1. C l
dscf/million BTU) on a dry basis cit it is desiied to F
on a wet basis, consult with the depaitm
CO,/ruillion cal, or scf CO/million BTU) on cithei basis ii i—ii
of the F or Fc factors specified in paragraph (C l of this
subsection.
1. H,C,S,N, and 0 are content by weight of hydrogen, caibcn,
sulfur, nitrogen, and oxygen (expressed as pe lcerit,
respectively, as determined on the same basis a C’ .’
ultimate analysis of the the fuel tiied using . TM ti . uI
D3178-73 or D31 ’76—74 (solid fuels) oi computed tion i uit.
using ASTM methods D1l37-53 (‘75), D1945-64( ’73), 01
D1946-67(72) (gaseous fuels) as applicable.
2. GVC is the gross calorific value (cal/g, BTU/lb) of the fuel
combusted determined by ASTM test methods D20l5-66(72) toi
solid fuels and D1826-64(70) for gaseous fuels as
applicable.
(e) For affected facilities firing combinations of fuels, the F or Fc
factors determined by paragraphs (C) and (d) of this subsection
shall be prorated in accordance with the applicable formula as
given in Appendix E of this regulation.
(‘7) For the purpose of reports required under 401 ( (AR 59005. ‘ ecti .
periods of excess emissions that shall be reported are defined c s
follows:
(a) Excess emissions are defined as any six (6) minute peiiod dui.nc
which the average opacity of emissions exceeds twenty 20) peicelt
opacity, except that one (1) six (6) minute avciage pci how. cf
up to twenty-seven (27) percent OLacit’j iced ict
(b) Sulfur dioxide. Excess emissions for affected facilities
defined as: Any three(3) hour period during which the average
emissions (arithmetic average of three(3) contiguous one (H houi
periods) of sulfur dioxide as measured by a continuous moiiro lini
system exceed the applicable standard under Section 5
(c) Nitrogen oxides. Excess emissions for aftected tacilirics u i . c
continuous monitoring system for measuring nitrogen oxides CLC
defined as any three (3) hour period during which the avelage
emissions (arithmetic average of three (3) contiguous one (U how.
periods) exceed the applicable standards under Section 6.
(8) The department may require for any indirect heat exchanger unit of 250
million BTU per hour heat input or less any or all tie emission cud tu .?1
monitoring required by this section.
Section 8. Test Methods and Procedures.
(1) The reference methods in Appendix A of 40 CFR 60 except as ijiovid..d ii
401 KAR 50:045 shall be used to determine compliance with the staiad tid
as prescribed in Sections 45, and 6 as fo1lo s
(a) Reference Method 1 tor the selection of sampling s .re and arri 1—
traverses;
(b) Reference Method 3 for gas analysis to be used when pp1’n.
q 015 -
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Reference Methods 56, and 7;
Cc) Reference Method 5 for concentration of particulate mattel arid the
associated moisture content;
(d) Reference Method 6 for the concentration of sulfur dioxide;
(e) Reference Method 7 for the concentration of nitrogen oxides; aid
(f) Reference Method 9 for visible emissions.
(2) For Reference Method 5, Reference Method 1 shall be used to select the
sampling site and the number of traverse sampling points. The sampling
time for each run shall be at least sixty (60) minutes and the minimum
sampling volume shall be 0.85 dscm (30 dscf) except that smallei
sampling times or volumes, when necessitated by process aiiable N.
other factors, may be approved by the department. The probe arid tiltei
holder heating systems in the sampling train shall he set to provide a
gas temperature no greater than 160 °C (320 ‘F).
(3) For Reference Methods 6 and 7, the sampling site shall be the same a
that selected for Reference Method 5. The samplirici ii
shall be at the centroid of the cross section oi at a poir’r i c’ lO —L
the walls than one (1) ru (3.28 ft.i For Reference Method o, the
shall be extracted at a rate proportional to the gas velocity at r}
sampling point.
(4) For Reference Method 6, the minimum sampling time shall he twei-,ry i20
minutes and the minimum sampling volume shall be 0 02 :(s:ni ‘ ‘
for each sample. The arithmetic mean ot two (2) samples shall
constitute one (1) run. Samples shall be taken at approximately tillity
(30) minute intervals.
(5) For Reference Method 7, 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.
(6) For each run using the methods specified by subsection (1)(a), Cb) aiid
(C) of this section, the emissions expressed in g/million cal
(lb/million BTU) shall be determined by the following procedure: E =
(20.9 CFH2O.9-% oxygen) where:
(a) E = pollutant emission, g/million cal (lb/million BTUY,
(b) C pollutant concentration, g dscm lb. J cti,
determined by Reference Methods 5.6 or 7.
(C) % oxygen = oxygen content by volume (expressed as percenti, c1r
basis. Percent oxygen shall he determined by using
the integrated or grab sampling and analy .is
procedures as Reference Method 3 as applicable. Th
sample shall he obtained as tcilo
1. For determination of sulfur dioxide arid itio leli o iJ .
emissions, the oxygen sample shall he obtained
simultaneously at the same point ill the duct a ubed tL
obtain the samples for Reference Methods 6 arid ‘7
determinations, respectively. For Reference Method 7, the
oxygen sample shall be obtained using the grab sampling and
analysis procedures of Reference Method
2. For determination of particulate emissions, the oxygen
sample shall be obtained simultaneously by traversing the
duct at the same sampling location used for each run of
Reference Method 5 under subsection (2) of this section.
59:015 — 8
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Reference Method 1 shall be used for selection of th.
of traverse points except that no more than twelve 112)
sample points are required.
(d) F = a factor as determined in Section 7(6)(c), d, oi (.
(‘7) When combination of fossil fuels are fired, the heat input, expiessed i
cal/hr (BTU/hr), shall be determined during each testlnrJ P .?11 l )
multiplying the gross caloritic value of each tu 1 E i d b’ c1. t-
each fuel burned. Gross calorific. value shall be deteLmilied u
accordance with ASTM methods D 2015- 66(72) (solid fuels), D24O- o
(liquid fuels), or Dl826- 64(70) (gaseous fuels) as applicable. The
of fuels burned during each testing period shall be determined by
suitable methods and shall be confirmed by a material ba1a e
steam generation system.
Effective Date: January 7, 1981
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 JUL 12, 1982 47 FR 30059
1st Revision SEP 24, 1982 MAR 22, 1983 48 FR 11945
59:015 - 9
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APPENDIX A TO 401 KAR 59:015
DETERMINATION OF ALLOWABLE SULF JR DIOXIDE EMISSION
Allowable sulfur dioxide emission in pounds per million BTU pci houi hear
input
= y(a)+z(b )
y+ z
Where:
y is the percent of total heat input derived from liquid or
gaseous fuel,
z is the percent of total heat input derived from solid
fuel,
a is the allowable sulfur dioxide emission in pounds pci
million BTU heat input derived from liquid or gaseous tuel,
and
b is the allowable sulfur dioxide emi io ii.
million BTU heat input derived troru solid fu. 1
59:015 — 10
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APPENDIX B TO 401 KAR 59:015
DETERMINATION OF ALLOWABLE NITROGEN DIOXIDE EMISSION
Allowable nitrogen dioxide emission in pounds pci mi11io a BTUJ 1 oui h.i r ii ,U
= x(0.20) + y(0.30) + z(O.70, + wiO 0(11
x+y+ z+w
Where:
x is the percent of total heat input derived fiom çja ou ,
fuel,
y is the percent of total heat input deii ed noni liquli t . -
z is the percent of total heat Input deiived r om solid ru 1
(except lignite), and
w is the percent of total heat input derived from lignite.
59:015 - 11
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APPENDIX C TO 401 KAR 59:015
DETERMINATION OF SPAN VALUE
(in parts per million)
Fossil
Fuel
Span V
Sulfur
alue for
Dioxide
Span Value for
Nitrogen Oxides
Gas
*
500
Liquid
1,000
500
Solid
1,500
500
Combinations
1,000y
+ 1,500z
500(x+y)+1,000z
Not applicable
Where:
x = the fraction of total heat input derived from gaseous fossil tu.?l.
y = the fraction of total heat input d ii d t oni li uiJ t ...
and
z = the fraction of total heat input derived from solid fossil tu. l.
59:015 — 12
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APPENDIX D TO 401 KAR 59:015
DETERMINATION OF F OR Fc FACTOR
F = 227.2(%H) + 95.5(%C) + 35.6 (%S) + 8.7 (%N) - 28. i
GCV
(metric units)
F = lob 13.64(%H) + l.53(%C) + O.57(%s) +O.14(%N) - 0.46 (%01
GCV
(English units)
Fc = 2.0 x 10 5 (%C ) (metric units)
GCV
Fc = 321 X 1O (%C ) (English units)
GVC
Where:
H, C, S, N, and 0 are content by weight of hydrogen, carbon, sulfur.
nitrogen, and oxygen (expressed as percent) respectively, as determined
on the same basis as GCV by ultimate analysis of the fuel fire, using
AS.TM. methods D1137-74 (solid fuels) or computed from results using
A.S.T.M. methods D1137—53(75), D1945-64(73), or Dl946-6772 Jas c u.,
fuels) as applicable.
GCV is the gross calorific value (cal/g, BTU/lb) of the fuel conbusted,
determined by A.S.T.M. test methods D2015-66(72) for solid fuels aiid
D1826-64(70) for gaseous fuels as applicable.
59:015 -
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APPENDIX E TO 401 KAR 59:015
DETERMINATION OF F OR Fc FACTOR FOR FIRING COMBINATIONS
F = xF 1 + yF., + zF 3
Where:
x, y, z = the fraction of total heat input derived from gaseous,
liquid, and solid fuel, respectively.
F 1 , F 2 , F 3 = the value of F for gaseous liquid, and solid fuels
respectively under Section 7(6)(c) and (d).
n
Fc = X (Fc)i
1=].
Where:
X , = the fraction of total heat input deriv,?d fiom each type ru i
(e.g., natural gas, butand, crude bituminous coal, etc .)
(Fc)i = the applicable Fc factor for each fuel typ.? d . ?t . ?rmlla.?cI ii.
accordance with Section 7(b c) ai d d
59:015 — 14
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401 KAR 59:020 New incinerators.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
Relates to: KRS Chapter 224
Pursuant to: KRS 224.10-100
Necessity and Function: KRS 224.10-100 requires the Department for Natural
Resources and Environmental Protection to prescribe regulations for the
prevention, abatement, and control of air pollution. This regulation is to
provide standards of performance for new incinerators.
Section 1. Applicability.
The provisions of this regulation shall apply to each affected facility which
means each incinerator commenced on or after the applicable classification
date defined below.
Section 2. Definitions.
As used in this regulation, all terms not defined herein shall have the
meaning given them in 401 KAR 50:010.
(1) “Incinerator” means any furnace used in the process ot buiniiici wa r . t:
the purpose of reducing the volume of the waste by removing combustible
matter.
(2) “Day” means twenty-four (24) hours.
(3) Auxiliary fuel means a substance huu 1 d in an in n iat i t: ‘q
additional heat to attain temperature sufficiently high to dry and
ignite a waste material and to maintain ignition of the waste material.
(4) “Classification date” means:
(a) August 17, 1971 for incinerators with a charging rate of more than
fifty (50) tons/day;
(b) April 9, 1972 for incinerators with a charging rate of titty 5U
tons/day or less, subject to Section 3(2)(b); and
June 6, 1979 for incinerators with a charging rate of fifty (50) tons/day or
less subject to Section 3(2) (a).
Section 3. Standards for Particulate Matter.
(1) No owner or operator of any affected facility shall cause, sutrel,
allow, or permit the emission produced by the incineration of any
substance to have greater than twenty (20) percent opacity.
(2) (a) No owner or operator of an affected facility of 500 lb/hi up to
and including forty-five (45) metric tons per day charging Late
(fifty(50) tons/day) commenced 0 1: 01 aftei Juii. ,
cause to be discharged into the atmosphere fiom any attecr d
facility any gases which contain particulate matter in excess ot
0.23 g/dscm (0. gr/dscf) corrected to twelve (12) peicent caiboit
dioxide excluding the contribution of carbon dioxide trorn
auxiliary fuel.
(b) No owner or operator of an affected facility of 500 lb’hi UL tC :irid
including forty-five (45) metric tons per charging late (titt 5 )i
tons/day) commenced on or after April 9, 1972 but before June b, 1979
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 carbon dioxide
59.020 — I
-------
excluding the contribution of carbon dioxide from auxiliary fuel.
(3) On and after the date on which the performance test required to be
conducted by 401 KAR 59:005 is completed, no owner or operatot of an
affected facility of more than forty-five (45) metric tons pet day
charging rate (fiftylSO) tons/day) shall cause to be d schamn.. -1 :r. r _
atmosphere from any affected facility any gases which contain
particulate matter in excess of 0.18 g/dscm (0.08 gr/dscf) coi-i.ected to
twelve (12) percent carbon dioxide excluding the contributior 1 of Carbon
dioxide from auxiliary fuel.
Section 4. Monitoring of Operations.
The owner or operator of an affected facility of more than fc’it”- fi”. i 4 r
metric tons per day charging rate (fifty (50) tons pal. day, hct1i tI. •
daily charging rates and hours of operations.
Section 5. Nameplate.
All affected facilities shall have a nameplate installed in a conspicuous
place on the unit giving the manufacturers name, model number, rated
capacity, and the types of waste material for which the unit is designed.
Section 6. Test Methods and Procedures.
(1) The reference methods as defined in Appendix A of 40 CFR 60, filed by
reference in 401 KAR 50:015, except as provided for in 401 KAR 50:045,
shall be used to determine compliance with the standards prescribed in
Section 3 as follows:
(a) Reference Method 5 for the concentration of particulate rnattei
the associated moisture content;
(b) Reference Method 1 for sample and velocity traverses;
(C) Reference Method 2 for velocity and volumetric flow rate;
(d) Reference Method 3 for gas analysis and calculation of . -
using the integrated sample technique; and
(e) Reference Method 9 for visible emissions.
(2) 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 proce
variables or other factors, may be approved by the depctitiu. iir.
(3) If a wet scrubber is used, the gas analysis sample shall Letlec.t 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 (a) through (f) of
this subsection or the procedure under Section ‘7.
(a) The inlet site shall be selected according to Reference Method I
or as specified by the department.
(b) The outlet sample site shall be the same as for the particulate
matter measurement.
(C) Randomly select nine (9) sampling points within the cross section
at both the inlet and outlet sampling sites. Use the fi .:t r.?t
of three (3) for the first run, the second set foi. the eecoi ’l i’u,
and the third set for the third run.
(d) Simultaneously with each particulate matter run, extract and
analyze for carbon dioxide an integrated gas sample tia ei.sinçi the
three (3) sample points and sampling at each point tot e udl
59.020 - 2
-------
increments of time. Conduct the runs at both inlet and outlet
sampling sites.
(e) Measure the volumetric flow rate at the inlet durliAcJ each
particulate matter run using the full numbei. of ti i pon
For the inlet makes two (2) full velocity traverse appioximatel..
one (1) hour apart during each run and average the results. The
outlet volumetric flow rate may be determined from the particulate
matter run.
(f) Calculate the adjusted carbon dioxide percentage using the
equation in Appendix A of this regulation.
Section 7. Alternatively, the following procedures may be substituted foi. the
procedures under Section 6(3)(d), (e) and (f).
(1) Simultaneously with each particulate matter run, extract and analyze toi
carbon dioxide, oxygen, and nitrogen an integrated gas sample t1aveisiTt
the three (3) sample points and sampling for equal increments ot time it
each point. Conduct the runs at both the itiler wd OUtl t LrLIL I .I
sites.
(2) After completing the analysis of the gas sample, calculat. th.
percentage of excess air for both the inlet and outlet sampling
(3) Calculate the adjusted carbon dioxide percentage using the equation ii
Appendix B of this regulation.
(4) Particulate matter emissions, expressed in gfdscm, shall be coriected to
twelve (12) percent carbon dioxide by using the formula in Appendix C of
this regulation.
Effective Date: January 7, 1981.
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 JUL 12, 1982 47 FR 30059
59.020 - 3
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APPENDIX A TO 401 KAR 59:020
CALULATION FOR ADJUSTED CARBON DIOXIDE PERCENTAGE FOR
INC INERATORS
%CO 2 A = %CO,D (Q 1 /Q 0 )
where:
%CO 3 A is the adjusted carbon dioxide percentage which L.?mo. .? . th.
effect of carbon dioxide adsorption and dilution au.
%CO 2 D is the percentage of carbon dioxide measuied eti. rh—
scrubber, dry basis.
Q 1 is the volumetric flow rate hefor the scrubber average or two
(2) runs, dscf/nun, and
Q 0 is the volumetric flow rate after the scrubber, •-1sc ’mrr-
59.020 - 4
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APPENDIX B TO 401 KAR 59:020
CALCULATION FOR ADJUSTED CARBON DIOXIDE PERCENTAGE
INCINERATOR, ALTERNATE PROCEDURE
%CO 2 A = CO 2 D 100 + EA 1
100 + %EAO
where:
CO 2 A is the adjusted outlet carbon dioxide percentage,
CO 2 D is the percentage of carbon dioxide measured before the
scrubber, dry basis,
%Ea 1 is the percentage of excess air at th in1. t. . t.J
Ea 0 is the percentage of excess air at the outlet.
59.020 - S
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APPENDIX C TO 401 KAR 59:020
PARTICULATE EMISSIONS CORRECTION CALCULATION FOR
INCINERATORS, ALTERNATE PROCEDURE
c 1
%CO 2
where:
C 1 , is the concentration of particulate matter cori cted to r 1
(12) percent carbon c1ioxic ,
C is the concentration of particulate matter and.
%CO, is the percentage of measured carbon dioxide 01
applicable, the adjusted outlet carbon dioxide pc i nt j..
determined by Apppendis B to this regulation.
59.020 - 6
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401 KAR 59:046. Selected new petroleum refining processes and equipment.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
Relates to: KRS Chapter 224
Pursuant to: KRS 224.10-100
Necessity and Function; KRS 224.10.100 requiies the DepaLtmezit oi.
Resources and Environmental Protection to prescribe regulations toi. rue
prevention, abatement, and control of air pollution. This regulation pio. ides
f or the control of hydrocarbon emissions from selected new petroleum refining
processes and equipment.
Section 1. Applicability.
The provisions of this regulation shall apply to each & fecr. c1 t il r
commenced on or after the classification date defined helo , which i 1ocar. d
(1) In an urban county designated non-attainment for ozone undei 401 KAR
51:010; or
(2) In any other county and is part of a major source of volatile oi-ganic
compounds.
Section 2. Definitions.
(1) “Affected facility” means vacuum producing systems and process unit
turnarounds associated with a petroleum refinery.
(2) ‘Vacuum producing systems’ means equipment which produces a partial
vacuum in a vessel.
(3) ‘Process unit turnaround’ means the shutting down, depiessuiizatioii, aijU
purging of a process unit or vessel.
(4) ‘Classification date” means the effective date of this regulation.
Section 3. Standard for Hydrocarbons.
The owner or operator of an affected facility shall install, opeiate, . u 1 J
maintain all equipment necessary to accomplish the following:
(1) Vacuum producing systems. All gaseous hydrocarbons emitted fiorn
condensers, hot wells, vacuum pumps, and accumulators shall be col1e reJ
and vented to a firebox, flare or other control device ot equivalei r
efficiency as determined by the department.
(2) Process unit turnaround. The gaseous hydrocarbons purged from a piocess
unit or vessel shall be vented to a firebox, flare, om. other conrLol
device of equivalent efficiency as determined by the department until
the pressure in the process unit is less than five (5) psig.
Section 4. Monitoring and Reporting Requirements.
(1) The owner or operator shall:
(a) Keep a record of each process unit turnaround;
(b) Record the approximate hydrocarbon concentration when the
hydrocarbons were first discharged to the atmosphere;
(c) Record the approximate total quantity or hydiocaiboris emitted c .
the atmosphere.
(2) The owner or operator shall retain these records foi at 1ea r twO .2i
59:046 — I
-------
years and submit them to the department upon request.
Effective date: June 29, 1979
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 JAN 25, 1980 45 FR 6092
AUG 07, 198]. 46 FR 40188
59:046 - 2
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403. KP R 59:050. New storage vessels for petroleum liquids.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
Relates to: KRS Chapter 224
Pursuant to: KRS 13.082, 224.033
Necessity and Function: KRS 224.033 requires the Department for Natural
Resources and Environmental Protection to prescribe regulations for the
prevention, abatement, and control of air pollution. This regulation provides
for the control of emissions from new storage vessels for petroleum liquids.
Section 1. pp1icabi1ity.
(1) The provisions of this regulation shall apply to each affected facility
with a storage capacity less than or equal to 151,400 liters (40,000
gallons) commenced on or after the classification date defined in
Section 2(12), which is located:
(a) In an urban county designated non-attainment foi. ozoi e ui dei . Lil
KAR 51:010; or
(b) In any other county and is a part of a major source of volatile
organic compounds.
(2) The provisions of this regulation shall apply to each affected facility
with a storage capacity greater than 151,400 1 4u,00C. .i !.:..
commenced on or after the classification date defined in ectiori l2
(3) The provisions of Section 3(3) and (4), 4(3) and 6 shall appl o :il’ to
each affected facility with a storage capacity gleatel tliau 151,400
liters (40,000 gallons) commenced on or after May 19, 1973.
Section 2. Definitions.
As used in this regulation, all terms not defined herein shall have th
meaning given them in 401 KAR 50:010.
(1) “Affected facility” means a storage vessel for petroleum liquids which
has a storage capacity of greater than 2,195 1 (580 gallons).
(2) “Storage vessel’ means each tank, reservoir, or container used for the
storage of petroleum liquids, but does not include:
(a) Pressure vessels which are designed to operate in excess of 204.9
kPa (fifteen (15) pounds per square inch gauge) without emissions
to the atmosphere except under emergency conditions;
(b) subsurface caverns or porous rock reservoirs; or
(c) Underground tanks if the total volume o petioleum IiquiJ tdJ. J
to and taken from a tank annually does not exceed twice the .o1uni’r
of the tank.
(3) “Petroleum liquids” means petroleum, condensate, and any finisl ed 01
intermediate products manufactured in a petroleum refinery but does tiot
mean Number 2 through Number 6 fuel oils, turbine fuel oil Numbeis 2-CT
through 4-GT, or diesel fuel oils Numbeis 2-D arid 4-E’ r —
the department.
(4) “Petroleum refinery means each facility engaged in producing gasoline.
kerosene, distillate fuel oils, residual fuel oils, lubiicants, 01 othei
products through distillation of petroleum oi thiough iedisti11atioi ,
cracking, or reforming of unfinished petroleum derivatives.
(5) “Petroleum’ means the crude oil removed from the earth and the oils
59.050 - 1
-------
derived from tar sands, shale, and coal.
(6) “Condensate” means hydrocarbon liquid separated from natural ga Iii ,
condenses due to changes in the temperature and/or piessuic at d ien it , ,,
liquid at standard conditions.
(7) “True vapor pressure” means the equilibrium partial pressure exerted by
a petroleum liquid as determined in accordance with methods speciried h”
the department.
(8) “Floating root” means a storage vessel cover consisting or a douLi-?
deck, pontoon single deck, internal floating cover or covei.ed float in ,i
roof, which rests upon and is supported by the petroleum liquid beinci
contained and is equipped with a closure seal or seals to close the
space between the roof edge, and tank wall.
(9) “Vapor recovery system” means a vapor gathering system car 1- ’1 -
collecting all hydrocarbon vapors and gases discharged tiom the st ’ 1,, ’ -
vessel and a vapor disposal system capable of processing such
hydrocarbon vapors and gases so as to prevent theit emission to
atmosphere.
(10) “Reid vapor pressure” is the absolute vapor pressure of volatile crude
oil and volatile petroleum liquids, except liquefied petroleum gases, as
determined by methods specified by the department.
(11) “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.
(12) “Classification date” means April 9,1972.
(13) “Volatile organic compounds (VOC)” means chemical compounds of carboi
(excluding methane, ethane, carbon monoxide, carbon dioxide, carbonic
acid, metallic carbides, and ammonium carbonate) which have a vapor
pressure greater than one-tenth 0.l mn Hg at L01 ,Jltl . ,t ._, . -
degrees Celsius and 760 mm Hg.
(14) “Custody transfer” means the transfer of produced 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 transportations.
(15) “External floating roof” means a storage vessel cover in an op. n to
tank consisting of a double deck or pontoon, single deck which tests upon
arid is supported by the petroleum liquid being contained and is equipped
with closure seals to close the space between the roof edge and tank
shell.
(16) “Internal floating roof’ means a cover or roof in a fixed roof tank
which rests upon or is floated upon the petroleum liquid being
contained, and is equipped with closure seals to close the space between
the roof edge and tank shell.
(17) “Liquid-mounted seal” means a foam or liquid-filled primary seal mounted
in contact with the liquid between the tank wall and the floating roof
continuously around the circumference of the tank.
(18) “Vapor-mounted seal” means a foam-filled primary s a1 rnount ’d
continuously around the circumference of the tank so there is ai
59.050 - 2
-------
vapor space underneath the seal. The aiinulai p i S..
the bottom of the primary seal,the tank wall, the liquid suitace, ii
the floating roof.
(19) “Metallic shoe seal” includes but is not limited to a metal sheet held
vertically against the tank wall by springs or weighted levers and is
connected by braces to the floating roof. A flexible coated fabric
(envelope) spans the annular space between the metal sheet and the
floating roof.
(20) “kPa ” means kilopascal.
Section 3. Standard or Volatile Organic Compounds.
(1) The owner or operator of any storage vessel commenced on or aftei
April 9, 1972 and prior to May 19, 1978 to which this regulatxoj 1
shall store petroleum liquids as follows:
(a) If the storage vessel has a storage capacity greater than 15.1400
1 (40,000 gallons) and it the true vapor pressure of the petiolcuic
liquid, as stored, is equal to or greater than seventy- eight ( (
mm Hg (1.5 psia) but not greater than 574 mm Hg (11 1. psi ) th
storage vessel shall be equipped with a floating root, a vapoi
recovery system, or their equivalents If the ‘ l
with an external floating roof the vessel shall be 1Ct10titt. J
operated according to the provisions of 401 (
-------
this paragraph, the closure device is to consist of two (2) sea!s,
one (1) above the other. The lower seal is referred to as the
primary seal and the upper seal is referred to as the secondar
seal. Each seal is to meet the following requlrements
1. The primary seal is to be either a metallic shoe seal, a
liquid-mounted seal, or a vapor-mounted seal
2. The secondary seal is to be installed above the pL1rn -u ’
so that it completely covers the space b tweeii th io t
and the tank wall except as provided in Section 43i (c;.
3. The owner or operator is exempted from the 1equ1rernenr . tol
secondary seals and the secondary seal gap criteria wiieii
performing gap measurements or inspections of tie piima
seal.
(b) A fixed roof with an internal floating type covei equipped with
continuous closure device between the tank wall and the co.
edge.
Cc) A vapor recovery system which collects all VOC vapors and gaseb
discharged from the storage vessel, and a vapoi ieturi oi di 3 p .
system which is designed to process such VOC vapors and gases so
as to reduce their emission to the atmosphere by at least
ninety-five (95) percent weight.
Cd) A system equivalent to those described in paragraphs (a) to (C) of
this subsection as determined by the department.
(4) The owner or operator of each storage vessel commenced on or attei May
19, 1978 with a storage capacity greater than 151,400 1 (40,000 gallons)
which contains a petroleum liquid which, as stored, has a true vapoi
pressure greater than 76.6 kPa (11.1 psia), shall equip the stoiaci
vessel with a vapor recovery system which collects all VOC vapors and
gases discharged from the storage vessel, and a vapor return ci disposal
system which is designed to process such VOC vapors and ci. es ‘- -i-
reduce their emission to the atmospheic by at 1eet t z inery-ti
percent by weight.
Section 4. Operating Requirements.
(1) There shall be no visible holes, tears, or other openings in th. ,÷. l,
any seal fabric, shoe, or seal envelope.
(2) All openings, except stub drains, automatic hleedei. vents, tim EJa .—
vents, and leg sleeves, shall he equipped with covers, lids, ot seals such
that:
(a) The cover, lid, or seal in the closed position at all times (i.e
no visible gap) except when in actual use or as described in
subsection (3) (f) of this section;
(b) Automatic bleeder vents are closed at all times except when the
roof is floated off or landed on the roof leg supports; and
(C) Rim vents, if provided, are set to open when the roof is being
floated off the roof leg supports or at the manufacturer’s
recommended setting.
(3) External and internal floating roof tanks commenced on ci atteL Ma 1:,
1978 shall meet the additional requirements:
(a) The roof is to be floating on the liquid at all times ci ott
the roof leg supports) except during initial fill and when the
tank is completely emptied and subsequently refilled. Tue PLOCC.r
59.050 - 4
-------
of emptying and refilling when the Loot i ie t] .h (jl , tI.
supports shall be continuous and shall be accomplished iz.
minimum time necessary.
(b) For each primary seal associated with an external floating oor
tank the accumulated area of gaps between the tank wall alid th-
metallic shoe seal or the liquid-mounted seal shall not ex .eeJ .1.
sq. cm/rn (10.0 sq. in/ft) of tank diarnetei- and the i 1tI f
portion of any gap shall not exceed 3.81 cm (1.5 m i.
(c) For each primary and secondary seal associated with an exteinal
floating roof tank the accumulated area of gaps between the tank
wall and the vapor-mounted seal or between the tank wall and the
secondary seal shall not exceed 21.2 sq. cm/rn (1.0 sq. in/f t) of
tank diameter and the width of any portion of any gap shall not
exceed 1.27 cm (one-half(1/2) in).
(d) One (1) end of the metallic shoe associated with an exteri al
floating roof tank shall extend into the stored liquid and the
other end shall extend a minimum vertical distance of sixty-oia.
(61) cm (twenty-four(24) in) above the stored liquid suitac.
(e) Each opening in the roof except toi. automatm I J. i
rim space vents is to provide a projection belo the liquil
surface.
(f) Each emergency roof drain associated with an exteiiit1 Elo ,it ii
roof tank is to be provided with a slotted membrane fabiic
that covers at least ninety (90) peicent of the aiea of th
opening.
Section 5. Monitoring of operations.
(1) The owner or operator of any storage vessel with a capacity of gieatei
than 151,400 liters (40,000 gallons) to which this regulation applies
shall maintain a record of the petroleum liquid stored, the period of
storage, and the maximum true vapor pressure of that liquid duiinçi r1 -
respective storage period.
(2) Available data on the typical Reid vapor pressure and the maximum
expected storage temperatures of the stored product may be used to
determine the maximum true vapor pressure as specified by the
department, unless the department specifically requests that the liquid
be sampled, the actual storage temperature determined, and the Reid
vapor pressure determined from the sample(s)
(3) The true vapor pressure of each type of crude oil with a Reid vapoi
pressure less than 13.8 kPa (2.0 psia) or whose physical properties
preclude determination by the recommended method is to be deteimmned
from available data and recorded if the estimated true vapoi pie u e i .
greater than 6.9 kPa (1.0 psia).
(4) The following are exempt from the requirements or this et1’N
(a) The owner or operator of each storage vessel stoiing a perLOleum
liquid with a Reid vapor pressure of less than 6 9 kPa U 0
provided the maximum true vapor pressure does not cx: o °
(1.0 psia).
(b) Each owner or operator of each stoiacje vessel CL1U1PE J
vapor recovery and return or disposal system in accoidac c ..irr.
the requirements of Section (1) (a) and (b), (3) (ci and 14,
Section 6. Testing and procedures.
59.050 - 5
-------
Compliance with the requirements prescribed in Sections 3(3) and t4), ai d 4L.
shall be determined as follows or in accordance with an equivalent pLoceduL.
as approved by the department. The owner or operator of each storage vessel
to which this section applies which has an external floating roof shall meet
the following requirements:
(1) Determine the gap areas and maximum gap widths between the primary seal
and the tank wall, and the secondary seal and the tank wall according to
the following frequency and furnish the department with a written report
of the results within sixty (60) days of performance of gap
measurements:
(a) For primary seals, gap measurements shall be performed within
sixty (60) days of the initial fill with petroleum liquid and at
least once every year thereafter.
(b) For secondary seals, gap measurements shall be performed within
sixty (60) days of the initial fill with petroleum liquid and at
least once every year thereafter.
Cc) If any storage vessel is out ot seivice toi a ii J c t
year or more, subsequent refilling with petroleum liquid hali L
considered initial fill for the purposes of paragraphs (a) and (b
of this subsection.
(2) Determine gap widths in the primary and secondary seals individually L ’s’
the following procedures:
(a) Measure seal gaps, if any, at one (1) 01 more floati:L i. . t
when the roof is floating of f the roof leg suppoi-ts.
(b) Measure seal gaps around the entire circumference of the tank in
each place where a one-eight (1/8) inch diameter uniform probe
passes freely (without forcing or binding against seal) between
the seal and the tank wall and the measure the circumferential
distance of each such location.
Cc) The total surface area of each gap described in paragraph (b) of
this subsection shall be determined by using probes of various
widths to accurately measure the actual distance from the tank
wall to the seal and multiplying each such width by its respective
circumferential distance.
(3) Add the gap surface area of each gap location for the piimaiy seal aIIJ
the secondary seal individually. Divide the sum foi each seal by th.
nominal diameter of the tank and compare each ratio to the apptopiiate
ratio in the standard in Section 4(3) (h) and Cc)
(4) Provide the department thirty (30) days prior notice of the gap
measurement to afford the opportunity to have an ohservei present
Effective Date: February 4, 1981
Date Submitted Date Approved Federal
to EPA by EPA
Original Reg JUN 29, 1979 JAN 25, 1980 45 FR 6092
1st Revision FEB 05, 1981 NOV 24, 1981 46 FR 57486
MAR 30, 1983 48 FR 13168
59.050 — 6
-------
401 EAR 59:OBO. New 3craft (sulfate) pulp mills.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
Relates to: KRS Chapter 224
Pursuant to: 224.10-100
Necessity and Function: KRS 224.10-100 requires the Department for Natural
Resources and Environmental Protection to prescribe regulations for the
prevention, abatement, and control of air pollution. This regulation provides
for the control of emissions from new kraft (sulfate; pulp mills.
Section 1. Applicability.
The provisions of this regulation shall apply to each affected facility which:
(1) Is associated with a kraft (sulfate) pulp mill;
(2) Is not subject to another standard of performance within this chaptei
with respect to particulates or total reduced sulfur;
(3) Commenced on or after the classification date defined below but before
September 24, 1976.
Section 2. DefinitionB.
As used in this regulation, all terms not defined herein shall haS. rh .
meaning given to them in 401 KAR 50:010.
(1) “Total reduced sulfur (TRS)” means all reduced sulfur compounds
including but not limited to hydrogen sulfide, methyl meicaptan,
dirnethyl sulfide, and dimethyl disulfide expressed in terms ot hydioçclL
sulfide.
(2) ‘Classification date” means April 9, 1972.
Section 3. Standard for Particulate Matter.
No person shall cause, suffer, allow, or permit particulate emissions from the
following affected facilities in excess of:
(1) Recovery furnace: 2.3 pounds per ton of equivalent unhleached dried pulp
produced;
(2) Lime kilns: 1.0 pounds per ton of equivalent unbleached air dried pulp
produced;
(3) Dissolving smelt tanks: 0.5 pounds per ton of equivalent unbleached air
dried pulp produced;
(4) No person shall cause, suffer, allow, or permit visible emissions in
excess of thirty-five (35) percent capacity.
Section 4. Standard for Total Reduced Sulfur (TRS).
Cl) No person shall cause, suffer, allow, or permit total ieduc. 1 : i ,’
emissions from the recovery furnace of any kraft (sultate pulp mill ii
excess of an exit stack ga concentration of fifteen (15k parts pci
million by volume expressed as an arithmetic average ovei any
consecutive twenty-four (24) hour period.
(2) No person shall cause, suffer, allow, or permit total reduced sulfui
emissions from the recovery furnace of any kraft (sulfate) pulp mill 1!’
excess of an exit stack gas concentration of forty 40 pait pci
59:080 — 1
-------
million by volume for more than sixty (60) total minutes in any
twenty-four (24) hour period.
(3) No person shall cause, suffer, allow, or permit the emissions of vaiious
noncondensable gas streams from digester relief, blow tank relief,
evaporator hot wells, or mul4ple effect evaporators containing total
reduced sulfur in any affected facility unless treated by thermal
oxidation or an equivalent method with ninety-eight (98) percent
efficiency.
(4) Control of other points of emission of total reduced sulruL, I 1l
considered on an individual basis as determined by the depaLtmeI t.
Section 5. Test Methods and Procedures.
Except as provided in 401 KAR 50:045, performance tests used to demoi sti.tr.
compliance with Sections 3 and 4 shall be conducted according to the to1lowii j
methods, filed by reference in 401 KAR 50:015:
(1) Reference Method 5 for the emission rates of particulate niatt ai.I m—
associated moisture content.
(2) Reference Method 1 for sample and velocity traverses.
(3) Reference Method 2 for velocity and volumetric flow rate.
(4) Reference Method 3 for gas analysis.
(5) Reference Method 9 for visible emissions.
(6) Reference Method 16 for the concentration of TRS. All concentrations of
TRS from the lime kiln and recovery furnace that are measured as
required by this subsection shall be corrected to ten (10) percent is”
volume oxygen and eight (8) percent by volume oxygen, respectively, wIie
the oxygen concentrations exceed these values.
(7) Reference Method 17 (in-stack filtration) may be used as ai altei ,ari’
method for Reference Method 5 provided that a constant value of 0 009
g/dscm (0.004 gr/dscf) is added to the results of Reference Method 17
and the stack temperature is no greater than 205 C. (400F)
(8) For particulate tests, the sampling time foi each iuti shall be Lt l . t t
sixty (60) minutes and the sampling rate shall he at least 0.85 dscmihi
(0.53 dscf/hr) except that shorter sampling times, when necessitated by
process variables or other factors, may be approved by the depaitment.
Water should be used as the clean up solvent instead of acetone iti rI
sample recovery procedure outlined in Refeience Method 5 01 17.
Effective Date: June 6, 1979
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 JAN 25, 1980 45 FR 6092
59:080 — 2
-------
401 KAR 59:085. New sulfite pulp mills.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protec t ion
Division for Air Quality
Relates to: KRS Chapter 224
Pursuant to: 224.10-100
Necessity and Function: KRS 224.10-100 requires the Department foL Naruiai
Resources and Environmental Protection to prescribe regulations for the
prevention, abatement, and control of air pollution. This regulation provides
for the control of emissions from new sulfite pulp mills.
Section 1. Applicability.
The provisions of this regulation shall apply to each affect. .:I f.-i-11 t-
(1) Is associated with a sulfite pulp mill;
(2) Is not subject to another standard of performance within this chaptei
with respect to sulfur oxides;
(3) Commenced on or after the classification date defined below
Section 2. Definitions.
As used in this regulation, all terms not defined herein shall have the
meaning given them in 401 KAR 50:010. Classification date means .piii
1972.
Section 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
lb. per air dried ton of pulp produced.
Section 4. Test Methods and Procedures
Except as provided in 401 KAR 50:045, performance tests used to demonstrate
compliance with Section 3 shall be conducted according to the following
methods, filed by reference in 401 KAR 50:015:
(1) Reference Method 1 for velocity traverses.
(2) Reference Method 2 for velocity and volumetric flo . n.at.-
(3) Reference Method 3 for gas analysis.
(4) Reference Method 6 for sulfur oxide emission rates.
(a) The sampling point shall he at the centroid of the duct on. i.
or at a point no closer to the walls than one (1) meter 3.28
ft.). The sample shall be extracted at a rate propoitioiièl to th--
gas velocity at the sampling point.
(b) The minimum sampling time shall be twenty (20) minutes and th
minimum sample volume shall be 0.02 dscm (0.71 dscf ton. each
sample. The arithmetic average of two (2) samples shall
constitute one (1) run. Three (3) runs are needed for a compliance
test. Samples shall be taken at approximately thirty (30) minute
intervals.
Effective Date: June 6, 1979
Date Submitted Date Approved Federal
to EPA by EPA Registel.
Original Reg JUN 29, 1979 JUL 12, 1982 47 FR 30059
59:085 - I
-------
401 KAR 59:090. New ethylene producing plants.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
Relates to: KRS Chapter 224
Pursuant to: KRS 224.10-100
Necessity and Function: KRS 224.10-100 requires the Department for Natural
Resources and Environmental Protection to prescribe regulations for the
prevention, abatement, and control of air pollution. This regulation piovide.,
for the control of emissions from new ethylene producing products.
Section 1. Applicability.
The provisions of this regulation shall apply to each affected facility which
means each waste gas stream of any ethylene producing plant commenced on 01
after the classification date defined below.
Section 2. Definitions.
As used in this regulation all terms not defined herein shall ha i’ ’
given them in 401 KAR 50:010. “Classification date” m 1ris Apiil , l -
Section 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 opeLcttu
eye level.
Effective Date: June 6, 1979
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 JAN 25, 1980 45 FR 6092
JUL 12, 1982 47 FR 30059
59:090 — 1
-------
401 KAR 59:095. New oil-effluent water separators.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
Relates to: KRS Chapter 224
Pursuant to: KRS 224.10-100
Necessity and Function: KRS 224.10-100 requires the Department fOL- Natuial
Resources and Environmental Protection to prescribe regulations for the
prevention, abatement, and control of air pollution. This regulatiorL provides
for the control of emissions from new oil-effluent water separators.
Section 1. Applicability.
The provisions of this regulation shall apply to each affected facility
commenced on or after the classification date defined below, which is located
(1) In an urban county designated non-attainment for ozone uiidei 401 kAR
51:010; or
(2) In any other county and is a part of a major source of volatile orcjai i
compounds.
(3) Oil—effluent water separators used exclusively in co1I)utActioi with rhe
production of crude oil shall be exempted from this regulation.
Section 2. Definitions.
As used in this regulation all terms not defined herein shall have the meaning
given them in 401 KAR 50:010.
(1) °Affected facility” means any oil-effluent water separator 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 psia or greater.
(2) “Oil-effluent water separator” means any tank, box, sump, or othei
container in which any petroleum or product thereof, floating on oi
entrained or contained in water entering such tank, ho , sump, ni ct-L
container, is physically separated and removed from such ‘.varel piio C:
outfall, drainage, or recovery of such water.
(3) ‘Floating roof” means a vessel cover consisting of double deck, pontoon
single deck, internal floating cover or covered floating roof, which
rests upon and is supported by the liquid being contained, and is
equipped with a closure seal or seals to close the space betweeni tie
roof edge and vessel wall.
(4) ‘Classification date” means April 9, 1972.
(5) “Vapor recovery system” means a vapor gatheiing system capable or
collecting all hydrocarbon vapors and gases discharged from a v , ssel and
a vapor disposal system capable of processing such hydrocarbon ,apois
and gases so as to prevent their emission to the atmosphere.
Section 3. Standard f or Hydrocarbons.
An oil-effluent water separator shall be one (1) of the following types of
vessels: a vessel equipped with a floating roof, a vessel equipped with a
vapor recovery system, or their equivalent. All gauging and sampling devices
shall be gas-tight except when gauging and sampling is taking place.
Effective Date: June 29, 1979
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 JAN 25, 1980 45 FR 6092
AUG 07, 1981 46 FR 40l
59:095 - I
-------
401 KAP. 59:101. New bulk gasoline plants.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
Relates to: KRS Chapter 224
Pursuant to: KRS 13.082, 224.033
Necessity and Function: KRS 224.033 requires the Department for Natural
Resources and Environmental Protection to prescribe regulations for the
prevention, abatement, and control of air pollution. 42 USC 7410 likewise
requires the state to implement standards for national primary and secondary
ambient air quality. This administrative regulation provides for the control
of hydrocarbon emissions from new bulk gasoline plants.
Section 1. Definitions.
As used in this administrative regulation, all terms not. clef iried ii
section shall have the meaning given to them in 401 KAR 59:001.
(1) “Affected facility’ means a bulk gasoline plant.
(2) “Bulk gasoline plant’ means a facility for the storage and dispenslILcJ ot
gasoline that employs tank trucks, trailers, railroad cars, or otliei
mobile non-marine vessels for both incoming and outgoiucj a olii
transfer operations.
(3) “Gasoline’ means any petroleum distillate having a Reid vapor pressure
of 4.0 pounds per square inch or greater used as a fuel for internal
combustion engines.
(4) ‘Bottom-fill system’ means a system of filling transpoit el i le t ti ..
through an opening that is flush with the bottom of the transport
vehicle.
(5) “Vapor balance system” means a combination of pipes or hoses which
create a closed system between the vapor spaces of an unloading tank and
a receiving tank such that vapors displaced from the receiving tank are
transferred to the tank being unloaded.
(6) “Submerged fill tube system’ means a fill tube the discharge of which is
entirely submerged when the liquid level is six (6) inches above the
bottom of the transport vehicle tank.
(7) “Classification date” means the effective date of this iegulation
(8) “Transport vehicle” means tank trucks, tiaileis, oi. Ldii .oct tctiik
Section 2. Applicability. Cl) This administrative regulation shall apply’ to.
(a) Each affected facility commenced on oi. aftei tI’e clas ific icion dat.
defined in Section 1 of this administrative regulation and located in a count 1
or portion of a county designated as nonattainment for ozone in 401 J(AR 51.010
for any classification except marginal; and
(b) Each affected facility commenced on or after the effective dat. - t
this administrative regulation which is part of a major source located in a
county or portion of a county designated attainment or marginal nonattainmerat
for ozone in 401 KAR 51:010.
(2) Each affected facility commenced on or after the classification date
defined in Section 1 of this administrative regulation hut prioi to tl 1 .
effective date of this administrative regulation which is part ot a majoi
59:101 — 1
-------
source located in a county or portion of a county designated attainment or
marginally nonattainment for ozone in 401 KAR 51:010 shall be exempt from this
administrative regulation except that control devices and proceduies i.ecju d
by a previous version of this administrative regulation except that coritLol
devices and procedures required by a previous version of this administiative
regulation at the time it commenced shall continue to be operated and
maintained.
Section 3. Standard for VOCB.
(1) The owner or operator of an affected facility shall install, maintai! ,
and operate:
(a) Stationary storage tank control devices according to the or 40!
KAR 59:050 or 401 KAR 61:050.
(b) A vapor balance system or an equivalent control appioved 1w t-h—
cabinet and the U.S. EPA for:
1. Filling of stationary storage tanks from transport vehicle
tanks; and
2. Filling of transport vehicle tanks from stationary storage
tanks.
(c) For loading into transport vehicle tanks either:
1. A submerged fill tube system; or
2. A bottom - fill system.
(2) The vapor balance system shall be equipped with fittings which are vapoi
tight and automatically close upon disconnection so as to prevent the
release of organic material.
(3) The cross-sectional area of the vapor return hose must he at least ritt
(50) percent of the cross-sectional area of the liquid fill line and
free of flow restrictions.
(4) Transport vehicle tank hatches shall be closed at all times durinq
loading operations.
(5) There shall be no leaks from the pressure-vacuum ieliet val:e iiid hir. 1
covers of the stationary storage tanks or transport vehicle aiik dUlilid
loading.
(6) The pressure relief valves on storage vessels and tank trucks oi.
trailers shall be set to release at no less than 0.7 psig urLless a loweL
setting is required by applicable fire codes.
(7) The owner or operator shall not load gasoline into any transport vehicle
or receive gasoline from any transport vehicle which does not have
proper fittings for connection of the vapor balance system, nor shall
the owner or operator load or receive gasoline unless the vapor balance
system is properly connected and in good working order. Except as
provided in subsection (8) of this section the fittings on the transport
vehicle tanks must be vapor tight and automatically close upon
disconnection so as to prevent the release of organic material.
(8) The following shall apply to the loading of a transport vehicle tank by
means of a submerged fill tube system:
(a) When inserted into the tank, the submerged fill tube system must
form a vapor tight seal with the tank.
(b) Tank hatches are to be opened only for the minimum time n ii
to insert or remove the submerged fill tube system.
59:101 - 2
-------
(9) No owner or operator shall permit gasoline to be spilled, thscai.ded i
sewers, stored in open containers, or handled in any other mannei rh
would result in evaporation.
(10) No owner or operator of a bulk gasoline plant subject to this
administrative regulation and located in a county or portion of a counr
designated as nonattainment for ozone in 401 KAR 51:010 for any
classification except marginal, shall allow loading of a tank truck
unless the following provisions are met:
(a) The tank truck has a valid Kentucky pressure-vacuum test sticker as
required by 401 KAR 63:031 attached and visibly displayed;
(b) The vapor balance system and associated equipment are designed and
operated to prevent gauge pressure in the tank truck from exceeding 450
mm water eighteen (18) in water and prevent vacuum from exceeding 150 nut
water (six (6) in. water);
Cc) A pressure tap or equivalent system as approved by the department is
installed on the vapor balance system so that a liquid manometer, cars be
connected by an inspector to the tap in order to determi:ne compliai ce
with paragraph (b) of this subsection. The pressure tap shall he
installed by the owner or operator as close as possible to the
connection with the delivery tank, and shall consist of a one quruI 1
(1/4) inch tubing connector which is compatible with the u e or th.
three-sixteenth (3/16) inch inside diameter plastic tubing; aiid
(d) During loading operations there is no reading greater than 01. equal
to 100 percent of the lower explosive limit (LEL, measured as propane
at a distance of two and five-tenths (2.5) centimeters around the
perimeter of a potential leak source associated with the vapor hala c—
system of a bulk gasoline plant as detected by a combu tiIjl.
detector using the test procedure referenced in Section 5 of t}ii
administrative regulation.
Section 4.
The owner or operator may elect to use an alternate control system if it can
bedemonstrated to the department’s satisfaction that the alternate system
will achieve equivalent control efficiency.
Section 5. Compliance.
On or after December 31, 1982, the test procedure as defined in Appendix B to
‘Control of Volatile Organic Compound Leaks from Gasoline Tank Trucks and
Vapor Collection Systems’ (OAQPS 1.2-119, U.s. EPA, Office of air Quality
Planning and Standards), which has been incorporated by reference in 401 KAR
50:015, or an equivalent procedure approved by the cabinet, shall I:e us i
the cabinet to determine compliance with the standard prescribed ir ‘ .ectxo1
3(10) Cd) of this administrative regulation during inspections conducted
pursuant to KRS 224.10-100(10).
Section 6. Compliance Timetable.
(1) Affected facilities which were subject to this administrative iegulatio
as in effect on August 24, 1982, shall have achieved final compliance u •c h
startup.
(2) the owner or operator of an affected facility that, on oi aftei the
effected date of this administrative regulation, becomes subject to thib
administrative regulation for a reason other than construction, modification.
or reconstruction shall be required to complete the following:
(a) Submit a final control plan for achieving compliazice with t1&i
administrative regulation no later than eight (8) months aftet the date
the affected facility becomes subject to this administrative regulation.
59:101 — 3
-------
(b) Award a contract for the control system no later than nine (9)
months after the date the affected facility becomes subject to this
administrative regulation.
Cc) Initiate on-site construction or installation of emission contiol
equipment no later than ten (10) months after the date the affected
facility becomes subject to this administrative regulation.
Cd) On-site construction or installation of emission contiol equipment
shall be completed no later than elevenCli) months after the dare the
affected facility becomes subject to this adininistiari .e LUj,-(tj ,I,
Ce) final compliance shall be achieved no latci than twel e j’ iuontL
after the date the affected facility becomes subject to this
administrative regulation.
Section 7. Exemptions.
An affected facility shall be exempt from this administrative Legulacioli it
the throughput is less than 4,000 gal/day. A rolling tliiit. , (3fl J - - —L
shall be allowed for determining applicability.
Effective date: September 28, 1994
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 JAN 25, 1980 45 FR 6092
AUG 07, 198! 46 FR 40188
1st Revision SEP 24, 1982 MAR 30, 1983 48 FR 13168
2nd Revision DEC 29, 1994 JUN 28, 1996 61 FR 33674
59:101 — 4
-------
401 KAR 59:105. New process gas streams.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
Relates to: KRS Chapter 224
Pursuant to: KRS 13.082, 224.033
Necessity and Function: KRS 224.033 requires the Department for Natuial
Resources and Environmental Protection to prescribe regulations for the
prevention, abatement, and control of air pollution. This regulation provides
for the control of emissions from new process gas streams.
Section 1. Applicability.
The provisions of this regulation shall apply to each affect.?d facilir’ Ii -’.
means any process gas stream which:
(1) It is not elsewhere subject to a standard of pertormance withii th1
chapter with respect to hydrogen sulfide, sulfur dioxide, oi c.aLhol&
monoxide;
(2) Commenced on or after the classification date defined below.
Section 2. Definitions.
As used in this regulation, all terms not defined herein shall have the
meaning given them in 401 KAR 50:010.
(1) ‘Classification date” means the effective date of this regulation;
(2) “Process gas stream” means any gas stream emitted from any process
including, but not limited to, petroleum refineries, by- product coke
plants, gray iron cupolas, blast furnace, basic oxygen steel furnace and
coal conversion plants, except process upset gas as defined in this
section.
(3) “Process upset gas’ means any gas generated by a process unit as a
result of startup, shutdown, upset, or maltunction
(4) “process unit” means any segment of the plant in which a specitic.
processing operation is conducted.
Section 3. Standard for Hydrogen Sulfide.
No person shall cause, suffer, allow or permit the emission or combustion of
hydrogen sulfide in a process gas stream to exceed ten (10) grains per IflO
dscf (165 ppm by volume) at zero percent oxygen except that souicc who c
combined process gas stream emission rate totals less than two t2; tofls pci
day of hydrogen sulfide shall reduce such emissions by eighty-five (85)
percent.
Section 4. Standard for Sulfur Dioxide.
No person shall cause, suffer, allow or permit the emission of sulfur dioxide
in a process gas stream to exceed 28.63 grains per 100 dscf (250 ppm by
volume) at zero percent oxygen except that sources whose combined process gas
stream emission rate totals less than four (4) tons per day of sulfur dioxide
shall reduce such emissions by eighty-five (85) percent.
Section 5. Standard for Carbon Monoxide.
No person shall cause, suffer, allow or permit the emission of carbon monoxide
in a process gas stream or a waste gas stream unless the gases aie burned at
1,300 o F for 0.5 seconds or greater in a direct flame afterburner or
equivalent device equipped with an indicating pyrometer which is positioned in
the working area at the operator’s eye level.
59.105 — I
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Section 6. Test Methods and Procedures.
Except as provided in 401 KAR 50:045, performance tests used to demoijsti.at.
compliance with Sections 3, 4 and 5 shall be conducted according to the
following methods, filed by reference in 401 KAR 50:015:
(1) Reference Method 11 for Hydrogen Sulfide. The sample shall be drawi
from a point near the centroid of the gas line. The minimum sampling
time shall be ten (10) minutes and the minimum sample ;olum.. h ii
0.01 dscm (0.35 dscf) for each sample. The arithmetic average of t o
(2) samples shall constitute one (1) run. Samples shall be taken at
approximately one (1) hour intervals.
(2) Reference Method 6 for Sulfur Dioxide. Reference Method 1 shall be used
for velocity traverses and Reference Method 2 for determining velocity
and volumetric flow rate. The sampling site for determining sulfui
dioxide concentration by Reference Method 6 shall be the same as for
determining volumetric flow rate by Reference Method 2. The sampling
point in the duct for determining sulfur dioxide concentration Reference
Method 6 shall be at the centroid of the cross section or at a point no
closer to the walls than one (1) m (thirty-nine (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 minimum samplinci time
shall be ten (10) minutes and the minimum sampling volume shall be U. l
dscrn (0.35 dscf) for each sample. The arithmetic average of two 2)
samples shall constitute one (1) run. Three (3) runs will constituce
compliance test. Samples shall be taken at approximately one 1 houi
intervals.
Effective date: June 6, 1979
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 JAN 25, 1930 45 FR 6092
JUL 12, 1932 47 FR 30059
1st Revision APR 07, 1982 MAR 22, 1993 48 FR 11945
59.105 — 2
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401 KAR 59:174. Stage II controls at gasoline dispensing facilities.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
RELATES TO: KRS 224.01—010, 224.10—100, 224.20—100, 224.20-110, 224.20-120, 42
USC 75l1a(b) (1) (A)
STATUTORY AUTHORITY: KRS 224.10—100, 42 Usc 7511a(b) (3), 7521(a ) (5), 7o 4, ar J
7625
NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100 requires the Natural
Resources and Environmental Protection Cabinet to prescribe administrative
regulations for the prevention, abatement, and control of air pollution. This
administrative regulation provides for the control of emissions from gasoline
dispensing facilities.
Section 1. Definitions. Terms not defined in this section shall have the
meaning given them in 401 KAR 59:001.
(1) “Average monthly throughput” means:
(a) For an existing facility, the total gallons of gasoline dispensed
during the months of operation in the previous twelve (12) months, divided by the
number of months of operation during those twelve (12) months; or
(b) For a facility which commenced construction on or after the effecti e
date of this administrative regulation, an estimate provided by the owner or
operator and approved by the cabinet, of the total gallons of gasoline that will
be dispensed during the first twelve (12) months of operation divided by twelve
(12).
(2) “Balance system” means a Stage II vapor recovery system which uses
direct displacement to force vapor out of the receiving container and back into
the space of the container from where the liquid product was withdrawn
(3) “Boot” means an accordion-like tubular cover used ovei. the spout ot
a gasoline nozzle to provide a return-path for gasoline vapors displaced during
refueling.
(4) “CARB” means the California Air Resources Board.
(5) “CARB certification” means a document such as an executive oidei oi
approval letter provided by CARB or by an equivalent authority which ceitifies
that a vapor recovery system or system components achieve at least a ninety-five
percent (95%) reduction in the VOC emissions during retueling, and }iici,
identifies the performance standards required for the system oi system
components. An executive order may also identify the range of permissible
components, permissible construction configurations, and the required tests foi
compliance.
(6) “Classification date” means the date on which this administrative
regulation becomes applicable in a county or portion of a county.
(7) “Coaxial hose” means a hose-within-a-hose which provides sepalare
passages for the flow of gasoline and vapor return.
(8) “Dry break” means a spring-loaded valve that prevents vapor from
escaping through the vapor recovery riser pipe opening of a storage tank.
(9) “Equivalent authority” means an authority recognized by the cabinet
and by the U.S. EPA as having a program for certification of vapor recovery
systems equivalent to that of CARB.
(10) “Faceplate” means a soft, donut-shaped device attached to th.a. hoot
of a balance nozzle which forms a tight seal with the vehicle fill pipe duiing
refueling.
(11) “Facility” or “gasoline dispensing facility” means a site, except a
farm not engaged in the sale of gasoline, where gasoline is transferred from a
stationary storage tank to a motor vehicle fuel tank.
(12) “Facility representative” means a facility employee who has b eti
trained to serve at that facility as prescribed in ect1on c t!
administrative regulation.
(13) “Flexible cone” means a cone-shaped device attached to th.? boot or
a vacuum-assist nozzle that prevents too low a vacuum from forming ilL the vehicle
fuel tank.
(14) “Leak” means liquid or vapor loss from the gasoline dispensing system
or vapor recovery system as determined by visual inspection or operation of the
equipment.
(15) “Modification” or “modify” means:
59.17. - 1
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(a) The repair, replacement, or upgrade of a facilitys Stage II
equipment at a cost equal to seventy-five (75) percent or more of the cost or a
total system replacement at the time of modification; or
(b) A change, such as the removal of a CARB certified comporie t ti 1 r-
addition or removal of piping or fittings, which may cause the vapor re oer
system to be incapable of maintaining an overall control efficiency of at least
a ninety-five (95) percent reduction in the VOC emissions.
(16) “Month” means calendar month.
(17) “Month of operation” means a month during which a facility ib not
closed for the purpose of dispensing gasoline for more than four (4) consecutj ..
days.
(18) “Motor vehicle” means a vehicle, machine, or mechanical OIlCLi . ,uIIL..
propelled by an internal combustion engine and licensed for operation ai d
operated upon the public highways.
(19) “Stage I vapor recovery system” means a vapor recovery system
certified by CARB or by an equivalent authority to reduce the emissions of VOCs
by ninety-five (95) percent or more during the transfer of gasoline to a
stationary storage tank at a facility.
(20) “Stage II vapor recovery system” means a vapor recovery system
certified by CARE or by an equivalent authority to reduce the emissions of VOCS
during the refueling of a motor vehicle at a facility by ninety-five (95) percent
or more.
(21) “Storage tank” means a tank at a gasoline dispensing facility which
is used for the storage of gasoline.
(22) “Vacuum assist system” means a Stage II vapor recovery system
which uses a vacuum inducing device to collect vapor from the receiving co tait er
and direct it back into the space of the container from where the liquid product
was withdrawn.
Section 2. Applicability. (1) This administrative regulation shall
apply to the owner or operator of a gasoline dispensing facility located in a
county in which the entire county, as of the effective date of this
administrative regulation, is designated severe, serious, or rnodei t.-
nonattainment for ozone pursuant to 401 KAR 51:010, Attainment stacu
designations, except as exempted in Section 9 of this administrative regulation.
(2) After the date specified in Section 8 of this administrative
regulation, an owner or operator of a facility shall not transfer or allow t}iC
transfer of gasoline from a storage tank at that facility into a motor vehicle
fuel tank unless the displaced vapors are collected by a Stage II vapor recovery
system and the requirements of this administrative regulation are met
Section 3. Registration and Notification Requirements. The OWILCL Or
operator shall submit registration and notification forms to the Division for Air
Quality as specified in this section. These forms are incorporated by reference
in Section 10 of this administrative regulation.
(1) Registration of Facilities. DEP 7105, Gasoline Dispensing Facility
Registration Form, shall b submitted at least thirty (30) days prior to
installing or modifying a Stage II vapor recovery system.
(2) Compliance Test Notification. DEP 7105A ,Compliance Test
Notification Form, shall be submitted at least thirty (30) days prior to the
performance of the compliance tests required in Section 6 of this administrative
regulation.
(3) Stage II Post Inspection Report. DEP 7105B, Stage II Post Inspection
Form, shall be submitted within ten (10) work days after the applicable
compliance tests have been performed.
Section 4. Control Measuree and Operating Requirements.
(1) The Stage II vapor recovery system shall:
(a) Be designed and operated to be at least ninety-five 95) percent
effective in recovering displaced vapors,
(b) Be certified by CARB or an equivalent authority;
(c) Employ only coaxial hoses at the dispensers;
(d) Contain no components that would impede the peitormai c t c}
functional or compliance tests of the system;
Ce) Be integrated with a Stage I vapor recovery system; and
5. - 2
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(f) Meet the testing requirements contained in Section 6 of t1ii
administrative regulation.
(2) The owner or operator shall comply with the following OpoLstiOI ,ai
restrictions for the Stage II vapor recovery system:
(a) The system shall be installed, operated, and maintained in accoidataco
with the manufacturer’s specifications and the applicable certification granted
by CARB.
(b) The system shall be free of defects listed in this subsection
facility representative shall inspect the equipment daily for these defects. If
a defect is discovered, through this inspection or otherwise, an Out of Order’
sign shall be posted and the defective equipment shall be rendered iriopeialDle
Defects include:
1. The absence or disconnection of any component that is pait or the
Stage II vapor recovery system;
2. The use of equipment not in accord with the system ceititication,
3. A vapor hose that is crimped or flattened so that:
a. The vapor passage is completely blocked, or
b. The pressure drop through the vapor hose is greater than two 2i
times the certification requirements;
4. A boot that is torn in one (1) or more of the following ways:
a. A triangular shaped or similar tear more than one-half (112) inch on
a side, or
b. A hole more than one-half (1/2) inch in diameter, or
c. A slit more than one (1) inch in length;
5. A faceplate or flexible cone on a boot that is damaged so that the
ability to achieve a seal with a fill pipe interface is impaired for at least one
quarter (1/4) of the total circumference of the faceplate or flexible cone;
6. A malfunctioning nozzle shutoff mechanism;
7. Vapor return lines, including components such as swivels, anti-
recirculation valves, and underground piping, that malfunction oi are b1ock d,
or are restricted so that the pressure drop through the line is greate i than two
(2) times the certification requirement;
8. An inoperative vapor processing unit;
9. An inoperative vacuum producing device;
10. An inoperative pressure/vacuum relief valve, vapor chock valve, ci
dry break;
11. Leaks; and
12. An equipment defect which substantially impairs the contiol
efficiency of the system.
Cc) A defect in a component of the Stage II vapor recovery system which
is not listed in paragraph (b) of this section shall not prevent operation hut
shall be repaired or replaced within fifteen (15) days after being identified a
defective.
Cd) If the cabinet identifies a defect specified in paragiaph (b) of this
subsection, the cabinet shall affix a tag to the defective equipment stating that
the equipment is out of order. The tag shall not be removed until the cabinet
has been notified that the defect has been corrected, and the tagged equipment
has been approved for use by the cabinet.
(3) The owner or operator shall ensure that safe access to the system
components and monitoring equipment is maintained for inspection and compliance
determination by the cabinet.
(4) The owner or operator shall display instructions for dispensing
gasoline on or near each dispenser, in a print type and size that is easily
readable, which include at a minimum:
(a) A description of how to use the equipment;
(b) A warning not to dispense fuel after automatic shutoff; and
Cc) A telephone number established by the cabinet to report problems with
equipment.
(5) At least one (1) person at the facility shall be trained puisuant tc
Section 5 of this administrative regulation.
Section 5. Training of Facility Representative. (I) The owneL 01
operator shall ensure that at least one (1) person at the facility is tiaiiaod to
operate the vapor recovery system. The facility representative shall not be
required to be present at the facility at all times, hut shall peitorm .i ....—i —-
the daily inspection of vapor recovery equipment for the detects in
Section 4(1) (b) of this administrative regulation.
5 -.l74 — 3
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(2) Training may be provided by the vapor recovery equipment rnanuta uie
or distributor, by the person constructing or modifying the Stage II apoj
recovery system, by a trained facility representative, or by training manuals
provided by the manufacturer, distributor, or the person constructing oi
modifying the Stage II vapor recovery system. If training manuals are used, th.
shall be kept at the facility and made available to the cabinet upon iequest.
(3) Training shall include the following topics:
(a) Purposes of the Stage II vapor recovery program;
(b) Operation of the vapor recovery system at that facility:
(C) Daily equipment inspections;
(d) How to repair or replace faulty equipment without voiding the
equipment warranties;
Ce) Procedures for posting and removing “Out of Service’ signs;
(f) The executive orders of CARB (or the equivalent authority cei-tifvinci
the system), the range of components certified for use in the system, and the
requirements placed on the owner or operator;
(g) Maintenance schedules and requirements for the system and its
components; and
(h) Equipment warranties.
(4) The training shall include a practical demonstration on how to
operate and inspect the equipment and how to perform a start-up and shut-down of
the facility. This demonstration may be performed at another facility with a
similar vapor recovery system. The cabinet may require that this demonstration
be witnessed by the cabinet as a condition for compliance.
(5) The owner or operator shall maintain a record for each facility
representative which includes the following:
(a) The name of the facility representative and the date training was
received;
(b) Proof of attendance and successful completion ot tiailtl!LU,
(C) If applicable, the date the facility representative left the ,emiiloy
of the owner or operator.
(6) The owner or operator shall not operate the facility for more than
thirty (30) consecutive days without a facility representative.
Section 6. Compliance Demonstration Test. (1) Within sixty (60) d tys
after the installation or modification of a Stage II ‘:apol LCCO C l
owner or operator shall comply with the applicable test proceduies speciri.?J ii.
this subsection. These tests are incorporated by reference in Section 10 of this
administrative regulation.
(a) A leak test shall be performed in accordance with the applicable
procedure specified in this paragraph. The vapor recovery system shall comply
with the leak rate criteria specified in the applicable test procedure.
1. Vapor Recovery Test Procedure TP-201.3, Determination of two (2) Inch
(WC) Static Pressure Performance of Vapor Recovery Systems of Dispensing
Facilities;
2. Vapor Recovery Test Procedure TP-20l.3A, Determination of five (5)
Inch (WC) Static Pressure Performance of Vapor Recovery Systems of Dispensing
Facilities; or
3. Vapor Recovery Test Procedure TP-201.3B, Determination of Static
Pressure Performance of Vapor Recovery Systems of Dispensing Facilities with
Above-Ground Storage Tanks.
(b) A dynamic back pressure test shall be performed in accordance with
Vapor Recovery Test Procedure TP-201.4, Determination of Dynamic Pressure
Performance of Vapor Recovery Systems of Dispensing Facilities.
1. The cabinet may require that this test be conducted simultaneously
on all the nozzles of a dispenser for which gasoline can be dispensed
simultaneously.
2. The vapor recovery system shall comply with th nla .•.iLtIun i1. tL1 .z-
average dynamic pressures given in the test procedure.
Cc) Vapor Recovery Test procedure TP-201.5, Determination (by Volume
Meter) of Air to Liquid Volume Ration of Vapor Recovery Systems of Dispensing
Facilities, shall be performed for a system if required by the applicable CARE
certification. The vapor recovery system shall comply wit)i the ci1teL1 1
specified in the test procedure.
(d) Vapor Recovery Test Procedure TP-201.6, Determinata. r :t La j.
5S .L 4 - 4
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Removal of Phase II Vapor Recovery Systems of Dispensing Facilities, hdl! be
performed for a system if required by the applicable CARB cei-tificatior . Tie
vapor recovery system shall comply with the criteria specified in the test
procedure.
(2) At intervals not to exceed five CS) ycaLs, th.? owne . oi o t
shall demonstrate compliance with the requirements of the applicable test
procedure specified in subsection (1) (a) of this section. The notification
requirements of Section 3(2) of this administrative regulation shall apply for
these tests. -
(3) The cabinet may require the owner or operator to perform other tests
if necessary to demonstrate the adequacy of a vapor recovery system.
Section 7. Recordkeeping Requirements. (1) The owner or operator shall
maintain the following documents:
(a) Current CARB certification for the Stage II vapor recovery system
installed at the facility;
(b) Proof of training for the current facility representative; and
Ic) Test results which verify that the vapor recovery system meets or
exceeds the requirements of the compliance tests required in Section 6 of this
administrative regulation.
(2) The following records shall be maintained for a peiiod not less than
three (3) years:
(a) A log of the quantity of gasoline delivered to the facility duiing
each month;
(b) A log of maintenance records including any repaired oi. leplaceme!It
parts and description of the problem;
Cc) Inspection reports issued by the cabinet, kept in iiiIaCI1. ,-i.
order;
(d) Compliance records including warnings or notices of violation issued
by the cabinet, kept in chronological order; and
(e) The facility representative record specified in Section 5(3) of this-
administrative regulation.
(3) Records shall be kept current and made available to the cabinet upon
request.
Section 8. Compliance Timetable. The owner or operator shall comply with
this administrative regulation in the following manner:
(1) Facilities with an average monthly throughput of 100,000 gallons or
more, which commenced construction on or before the classification date, shall
comply within one (1) year of the classification date.
(2) Facilities with an average monthly throughput between 25,000 and
100,000 gallons, which commenced construction on or before the classification
date, shall comply within two (2) years of the classification date.
(3) Facilities commencing construction after the effective date shall
comply before beginning to dispense gasoline.
Section 9. Exemptions. (1) The fuels and facilities specified in this
subsection shall be exempt from this administrative regulation
(a) Diesel fuel and kerosene. These fuels shall not h. u d ii
calculating the average monthly throughput to determine the applicability or tiii
administrative regulation.
(b) A facility with an average monthly throughput of 25,000 gallons oi
less. This exemption shall cease to apply if the average monthly thioughput
exceeds 25,000 gallons.
(c) A facility located in an air quality control region which ha
implemented a Stage II program that has been appioved by ti U. E .ZS
(2) Recordkeeping for exempted facilities. An exempted facility h 11
maintain records for a period not less than two (2) years which demonstrate that
the facility’s average monthly throughput has not exceeded the applicable
throughput limit.
(3) Loss of exemption status. If a monthly record documents an aveiage
monthly throughput equal to or greater than the applicable throughput limit, the
owner or operator shall notify the division by phone or fax within thiity 0)
days. If the exemption ceases to apply, the owner or operator shall comply with
this administrative regulation within one (1) year of notification by the
cabinet.
— 5
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Section 10. Material Incorporated by Reference (1) The following forms are
incorporated by reference:
(a) DEP 7105, Gasoline Dispensing Facility Registration. August 19 .7,”
(b) “DEP 7105A, Compliance Demonstration Notification, August 1997,” ai 1 J
(C) “DEP 7105B, Stage II Post Inspection Form, August 1997.”
(2) The test methods specified in this subsection, as published b
California Environmental Protection Agency, Air Resources Board, in the
uStationary Source Test Methods, Volume 2, Certification and Test Procedures toi
Vapor Recovery Systems, April 12, 1996,” is incorporated by reference. This
document is available from the California Air Resoulces Boaid, p. o. Eo..
2020 L St., Sacramento, CA 95812, Phone (916) 322-2990.
(a) Vapor Recovery Test Procedure TP-201.3, Determination of 2 Inch (WC)
Static Pressure Performance of Vapor Recovery Systems of Dispensing Facilities;
(b) Vapor Recovery Test Procedure TP-201.3A, Determination of 5 Inch tWC;
Static Pressure Performance of Vapor Recovery Systems of Dispensing Facilities,
(C) Vapor Recovery Test Procedure TP-201.3B, Determination of Static
Pressure Performance of Vapor Recovery Systems of Dlspens i :ici Fac liri.,
Above-Ground Storage Tanks.
(d) Vapor Recovery Test Procedure TP-201.4, Determination of Dynamic
Pressure Performance of Vapor Recovery Systems of Dispensing Facilities.
(e) Vapor Recovery Test Procedure TP-201.5, Determination (by Volume
Meter) of Air to Liquid Volume Ratio of Vapor Recovery Systems of Dispensing
Facilities.
(f) Vapor Recovery Test Procedure TP-201.6, Determination of L1qui 1
Removal of Phase II Vapor Recovery Systems of Dispensing Facilities.
(3) The material incorporated by reference may be obtained, inspected,
or copied at the following offices of the Division for Air Quality, Monday
through Friday, 8:00 a.m. to 4:30 p.m.:
(a) Division for Air Quality, 803 Schenkel Lane, Frankfort, Kentucky
40601—1403, (502) 573—3382;
(b) Ashland Regional Office, 3700 Thirteenth Street, Ashland. Kenruc-k”
41105—1507, (606) 920—2067;
(C) Bowling Green Regional Office, 1506 Westen AVenUe, Bowling
Kentucky 42104, (502) 746—7475;
(d) Florence Regional Office, 7964 Kentucky Di.ive, Suite S. Floiei&ce,
Kentucky 41042, (606) 292—6411;
(e) Hazard Regional Office, 233 Birch Street, Suite 2, Hazard, Kentucky
41701, (606) 435—6022;
(f) London Regional Office, 35 State Police ko id, l. r
40741, (606) 878—0157;
(g) Owensboro Regional Office, 3032 Alvey Park Drive W., Suite 700,
Owensboro, Kentucky 42303, (502) 687-7304; and
(h) Paducah Regional Office, 4500 Clarks River Road, Paducah, Keiituck
42003, (502) 898—8468.
Effective Date: January 12, 1998
Date Submitted Date Approved Fede ial
to EPA by EPA Register
Original Reg OCT 11, 1998 DEC. 8 1998 63 FR 67536
E9.!74 - 6
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401 KAR 59:175. New service stations.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
Relates to: KRS Chapter 224
Pursuant to: KRS 13.082, 224.033
Necessity and Function: KRS 224.033 requires the Department zoi Natulcd
Resources and Environmental Protection to prescribe regulations for the
prevention, abatement, and control of air pollution. This regulation pro ides
for the control of volatile organic compound emissions from new service
stations.
Section 1. Definitions.
As used in this regulation, all terms not defined heiciri shall lia.e tIL’?
meaning given to them in 401 KAR 50:001.
(1) “Affected facility” means the gasoline storage tanks at a service
station.
(2) “Classification date” means June 6, 1979.
(3) “Service station” means any public or private establishment which
dispenses gasoline into vehicle fuel tanks.
(4) “Submerged fuel 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 any 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.
(5) “Vapor balance system” means a system which conducts vapors displaced
from storage tanks during filling operations to the storage compartment
of the transport vehicle delivering the fuel.
(6) “Vent line restriction means:
(a) An orifice of one-half (1/2) to thiee-cjuaiters 3 i4 iii h iz ii.
diameter;
(b) A pressure-vacuum relief valve set to open at not less tha : eight
(8) oz. per square inch pressure arid not less than one-halt (12)
oz. per square inch vacuum unless a different vacuum iclief
setting is required by safety or fire authorities. 01
(c) A vent shut-off valve which is activated by connection of the
vapor return hose.
(7) •‘Interlocking system” means devices which keep the storage tank sealed
unless the vapor hose is connected or which prevent delivery of fuel
until the vapor hose is connected.
Section 2. Applicability.
The provisions of this regulation shall apply to each affected facility
located in urban counties designated non-attainment for ozone according to 401
KAR 51:010 which commenced on or after the classification date defined below.
Section 3. Standard for Volatile Organic Compounds.
(1) The owner or operator of an affected facility shall install, maintain,
and operate the following devices:
(a) Submerged fill pipe;
59 17S — I
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(b) Vent line restriction on the affected facility vent line, iid
(c) Vapor balance system with an interlocking system and vapo tight
connections on the liquid fill line and the vapoi return line
The cross-sectional area of the vapor return hose must be at least
fifty (50) percent of the liquid fill hose, and free of flow
restrictions to achieve acceptable recovery. The size and design
of the vapor return line and connections, including coaxial
systems, are subject to the approval of the department.
Cd) If the gasoline storage tank is equipped with a separate gauge
well, a gauge well drop tube shall be installed which extends to
within six (6) inches of the bottom of the tank.
(2) The owner or operator may elect to use an alternate control system if
that system can be demonstrated to the department’s satisfaction to
achieve an equivalent control efficiency.
(3) The owner or operator shall not allow any transport vehicle to deliveL
fuel to an affected facility until the transport vehicle is propeily
connected to the vapor balance system or alternate control system.
Section 4. Exemptions.
Any affected facility shall be exempt from the provisions of Section 3 if rh.?
annual throughput is less than or equal to 120,000 gal.
Effective Date: February 8, 1993
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 JAN 25, 1980 45 FR 6092
AUG 07, 1981 46 FR 40188
1st Revision SEP 24, 1982 MAR 30, 1983 48 FR 13169
2nd Revision FEB 17, 1993 JUN 23, 1994 59 FR 32343
59.175 — 2
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401 KAR 59:185. New solvent metal cleaning equipment.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
Relates to: KRS 224.20—100, 224.20—110, 224.20-120
Pursuant to: KRS 224.10-100
Necessity and Function: KRS 224.10-100 requires the Department for Natural
Resources and Environmental Protection to plesciib.? iegulatioi t
prevention, abatement, and control of air pollution. This regulation pio:ide .
f or the control of volatile organic compounds from new solvent metal cleaning
equipment.
Section 1. Definitions.
As used in this regulation, all terms not defined herein shall have the
meaning given to them in 401 KAR 50:010.
(1) ‘Affected facility’ means cold cleaners, open top vapor degreasers. and
conveyorized degreasers which utilize volatile organic compounds(VQCs)
to remove soluble impurities from metal surfaces.
(2) Classification date” means June 29, 1979.
(3) “Freeboard height” means, for a cold cleaner, the distance tiom tIi-
liquid solvent level in the degreaser tank to the lip of the tank. For
a vapor degreaser it is the distance from the solvent vapor level in the
tank to the lip of the tank.
(4) “Freeboard ratio” means the freeboard height divided by the width of the
degreaser.
(5) “Refrigerated chiller” means a second set of freeboard condensci. coils
located slightly above the primary condenser coils which create a cold
air blanket above the vapor zone.
(6) “Cold cleaner” means a batch-loaded degreaser whose solvent is kept
below its boiling point.
(7) “Open top vapor degreaser” means a hatch-loaded degieasei 1 os
is heated to its boiling point creating a solvent vapor zone.
(8) “Conveyorized degreasers” means a degreaser which is continuously loaded
by means of a conveyer system. Its solvent may be boiling or
non-boiling.
(9) “Solvent” means, in this regulation,VdCs.
Section 2. Applicability.
(1) This regulation shall apply to:
(a) Each affected facility commenced on or after the classification
date defined in Section 1 of this regulation and located in a
county or portion of a county designated as rionattaitimei t fat
ozone in 401 KAR 51:010, for any classification except marginal
and
(b) Each affected facility commenced on or after the effective date ot
this regulation which is part of a major source located in a
county or portion of a county designated attainment or marginal
nonattainment for ozone in 401 KAR 51:010.
(2) Each affected facility commenced on or after the classification date
59.185 — 1
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defined in Section 1 of this regulation but prior to the effective date
of this regulation which is part of a major source located in a county
or portion of a county designated attainment or marginally nonattalnrnei 1 t
for ozone in 401 KAR 51:010 shall be exempt from this regulation except
that control devices and procedures required at the time it commenced
shall continue to be operated and maintained.
Section 3. Standard for VOCs.
The owner or operator of an affected facility to which this regulation applies
shall install, maintain and operate the control equipment and observe at all
times the operating requirements which apply to this type of degreaser as
specified in Sections 4,5, and 6 of this regulation.
Section 4. Cold Cleaners.
(1) Control equipment:
(a) The cleaner shall be equipped with a cover. If the solvent
volatility is greater than fifteen (15) mm Hg measuied at 10 F
or if the solvent is agitated oi heated, then the covei. shall b.
designed so that it can be easily operated with one (1) hand
(b) The cleaner shall be equipped with a drainage facility so that
solvent that drains off parts removed from the cleaner will return
to the cleaner. If the solvent volatility is greater than
thirty-two (32) mm Hg measured at 100 oF then the diaiiiacje
facility shall be internal so that parts are enclosed undei the
cover while draining. The drainage facility may be external if
the department determines that an internal type cannot fit into
the cleaning system.
(C) A permanent, conspicuous label, summarizing the operating
requirements specified in subsection (2) of this section shall be
installed on or near the cleaner.
(d) If used, the solvent spray shall be a fluid stream (not a fine,
atomized or shower type spray) and at a pressure which does not
cause excessive splashing.
(e) If the solvent volatility is greater than thirty-two (32’ mm Hg
measured at 100°F or if the solvent is heated above 120’F, then
one (U of the following control devices shall be used:
1. Freeboard that gives a freeboard ratio greater than or equal
to 0.7.
2. Water cover (solvent shall be insoluble in and heavici than
water).
3. Other systems of equivalent conti-ol, such as a ietLicjeidted
chiller or carbon adsorption.
(2) Operating requirements:
(a) Waste solvent shall not be disposed of or transferred to another
party so that greater than twenty (20) percent by weight of the
waste solvent can evaporate into the atmosphere. Waste so1 iit
shall be stored only in covered containers.
(b) Degreaser cover shall be closed if not handling parts in the
cleaner.
(c) Cleaned parts shall be drained until dripping ceases (fifteen (15)
seconds is usually necessary)
Section 5. Open Top Vapor Degreasers.
59.185 — 2
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(1) Control equipment:
(a) The degreaser shall be equipped with a cover that can he opened
and closed easily without disturbing the vapor zone.
(b) The degreaser shall be equipped with the following safety
switches:
1. Condenser flow switch and thermostat to shut off sump heat
if condenser coolant either is not circulating ot is too
warm.
2. Spray safety switch to shut off spiay punu . it ti.:.
level drops more than four (4) inches below the bottom
condenser coil in order to prevent spraying above the vapoi
level.
3. Vapor level control thermostat which shuts off sump heat it
the vapor zone rises above the design level.
4. Equivalent safety systems as approved on a case-by-case
basis by the department.
(C) The degreaser shall be equipped with at least one (1) of the
following major control devices:
1. Freeboard ratio greater than or equal to 0.75, and if the
degreaser opening is greater than ten (10) square feet, the
cover shall be powered or mechanically assisted.
2. Refrigerated chiller.
3. Enclosed design so that the cover or door opens only it the
dry part is actually entering or exiting the degreasci.
4. Carbon adsorption system, with ventilation cliectt .L tIit :
equal to fifty (50) cfm/square foot of ali-vapol
area (if cover is open), and exhausting less than
twenty-five (25) ppm by volume solvent averaged over one
complete adsorption cycle.
5. Control system demonstrated to have control efficiency
equivalent to or better than any of the abcr
(d) A permanent, conspicuous label, summarizing the operating
procedures specified in subsection (2) of this section shall be
installed on or near the degreaser.
(2) Operating requirements:
(a) The cover shall be closed at all times unless processing work
loads through the degreaser.
(b) Solvent carry-out shall e minimized by the following measures:
1. Parts shall be racked so that entrainment of solvent is
avoided and full drainage is accomplished.
2. Parts shall be moved in and out of the degreaser at a
vertical speed less than eleven (Ii.) tt.,nun.
3. Work load in the vapor zone shall be degreased until
condensation ceases (thirty (30) seconds or more is usually
necessary)
4. Any pools of solvent shall be tipped out on the cleaned
parts before removal.
59.185 — 3
-------
5. Parts shall be allowed to dry within the degreaser above the
vapor zone until visually dry (fifteen(15) seconds is
usually necessary).
Cc) Porous or absorbent materials such as cloth, leather, wood, 01.
rope shall not be degreased.
Cd) Work loads shall not occupy more than halt of the degreasers open
top area.
(e) Spray above the vapor level shall not be allowed.
Ct) Solvent leaks shall be repaired immediately or the degreaser shall
be shut down.
(g) Waste solvent shall not be disposed of or transferred to ariotliei.
party so that greater than twenty(20) percent by weight of
the waste solvent can evaporate into the atmosphere. Waste
solvent shall be stored only in closed cO1itainel.
(h) Exhaust ventilation shall not exceed sixty-five (651 crm pci
square foot of degreaser area unless necessary to meet OSH.’
requirements or control device requirements. Ventilation fans
shall not be used near the degreaser opening.
(I) Water shall not be visually detectable in the sol” . nr :i 1’ rl_
water separator.
Section 6. Convayorized Degreasars.
(1) Control equipment:
(a) A conveyorized degreaser shall be enclosed except for work load
entrances and exits.
(b) The degreaser shall be equipped with a drying tunnel oi anoth i
means such as rotating baskets sufficient to prevent cleaned pait
from carrying out solvent liquid or vapor.
(c) Minimized openings: entrances and exits shall silhouette work
loads so that the average clearance between the largest parts and
the edge of the degreaser opening is either less than four (4)
inches or less than ten 10) percent of the width of the opeiiir&u.
(d) Down-time covers: the degreasers shall be equipped with COVCLS foi.
closing off the entrance and exit during shutdown hours.
Ce) If the degreaser has an air-solvent interface area oi an all- ;apoi
interface area equal to or greater than twenty (20) square feet,
it shall be equipped with at least one (I) of t1 1 fDliD lIi j n.. -
control devices:
1. Refrigerated chiller.
2. Carbon adsorption system with ventilation great.el than oi
equal to fifty (50) cfm/square foot of air-vapoi intei.tac.
area (if down-time covers are open) and exhausting less than
twenty- five (25) ppm of solvent by volume averaged ovei
complete adsorption cycle.
3. A system demonstrated to have a control efficiency
equivalent to or better than either of the above.
(f) If the degreaser is a vapor type, it shall be equipped with the
following safety switches:
1. Condenser flow switch and thermostat which will bliut Ott tLi
59.185 — 4
-------
sump heat if coolant is either not circulating or is too
warm.
2. Spray safety switch and thermostat which will shut off the
spray pump or conveyer if the vapor level drops moic t1l 91
four (4) inches below the bottom condensei. coil in OLUeL rc
prevent spraying above the vapor level.
3. Vapor level control thermostat which will shut oft sump heat
if the vapor level rises above the design level.
4. Equivalent safety systems as approved on a case-by-case
basis by the department.
(g) A permanent, conspicuous label, summarizing the ope1at] ig
procedures specified in subsection (2) of this section shall be
installed on or near the degreaser.
(2) Operating requirements:
(a) Exhaust ventilation shall not exceed sixty-five 5i
square foot of degreaser opening unless necessary to meet OSHA
requirements or control device requirements. Work place fans
shall not be used near the degreaser opening.
(b) Solvent carry-out shall be minimized by the following measures:
1. Parts shall be racked so that entrainment of solvent is
avoided and full drainage is accomplished.
2. Vertical conveyer speed shall be maintained at less than
eleven (11) ft/mm.
(C) Waste solvent shall not be disposed of or transferred to anothei
party so that greater than twenty (20) percent by weight of the
waste solvent can evaporate into the atmosphere Waste solvenr
shall be stored only in closed contaix eis.
(d) Solvent leaks shall be repaired immediately or the degtea ,ei shut
down.
(e) Water shall not be visually detectable in the solvent exitmno the
water separator.
(t) Down-time covers shall be placed over entrances and e>mr ..t t1
degreaser immediately after the conveyer and exhaust ate shut do n
and removed just before they are started up.
Section 7. Compliance Timetable
(1) Affected facilities which were subject to this regulation as in effect
on June 29, 1979, shall have achieved final compliance upon startup.
(2) The owner or operator of an affected facility that, on or after the
effective date of this regulation, becomes subject to this regulation
for any reason other than construction, modification, or reconstruction
shall be required to complete the following:
(a) A final control plan for achieving compliance with this megulation
shall be submitted no later than three (3) months aftem the date
the affected facility becomes subject to this regulation.
(b) The control sstem contract shall be awarded no later than five 5
months after the date the atfected facility becomes subject to
this regulation.
59.185 — S
-------
(c) On-site construction or installation of emission control equlpme :tr
shall be initiated no later than seven (7) months after the dare
the affected facility becomes subject to this regulation.
(d) On—site construction or installation of emmision cent ic’1 equi rn— ‘-
shall be completed no later thau eleven (11) months atri. the Jdt.
the affected facility ecomes subject to this regulation.
(e) Final compliance shall be achieved no later than twelve (12)
months after the date affected facility becomes subject to this
regulation.
(f) If an affected facility becomes subject to this regulatio be au ,e
it is located in a county previously designated nonurban
nonattaininent or redesignated in 401 KAR 51:010 after November 15,
1990, final compliance may be extended to May 31, 1995, and the
schedule in paragraphs (a) through (d) of this subsection adjusted
by the cabinet.
Section 8. Exemptions.
Any cold cleaners shall be exempt from the provisions of Section 4 it the
following criteria are met:
(1) The cold cleaner shall have a remote solvent reservoir;
(2) The solvent used in the cold cleaner shall not have a vapoi piessuic
that exceeds thirty-three (33) mm Hg measured at lOOoF oi. be heated
above l2OoF;
(3) The sink-like work area shall have an open drain area less thai 100 sq
cm. and
(4) Evidence shall be provided that waste solvent shall be stored or
properly disposed of with minimal loss due to evaporation.
Effective Date: January 7, 1981
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 JAN 25, 1980 45 FR 6092
1st Revision JAN 19, 1981 AUG 07, 1981 46 FR 40188
2nd Revision OCT 20, 1992 JUN 23, 1994 59 FR 32343
59.185 — 6
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401 KAR 59:190. New insulation of magnet wire operations.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
Relates to: KRS Chapter 224
Pursuant to: KRS 13.082, 224.033
Necessity and Function: KRS 224.033 requires the Depaitment foi. NatuLdi
Resources and Environmental Protection to prescribe regulations foL the
prevention, abatement, and control of air pollution. This regulation provides
for the control of volatile organic compound emissions from new insulation of
magnet wire operations.
Section 1. Definitions.
As used in this regulation, all terms not defined in this section shall have
the meaning given to them in 401 KAR 50:010.
(1) Affected facility” means a coating line for insulation of magnet wire.
(2) “Applicator” means the mechanism or device used to app1 ’ the coating,
including but not limited to a coating bath.
(3) “Coating die” means the device, located between the applicator and the
drying oven, which scrapes off excess coating and leaves a thin film of
desired thickness.
(4) “Magnet wire” means wire used in equipment such as electrical motots.
generators, and transformers which cariies an electLical uL1 Lit
(5) line” means a series of equipment or operations used to apply,
dry, or cure any coatings coating volatile organic compounds (VOCs) -
This shall include, but is not limited to:
(a) Mixing operations;
(b) Process storage;
(c) Applicators;
Cd) Drying operations including die area evaporation, overt drvinc:,
baking, curing, and polymerization;
Ce) Clean up operations;
(f) Leaks, spills and disposal of VOCs;
Cg) Processing and handling of recovered VOCs;
(h) For the purposes of determining compliance with this regulation,
if any equipment or operation is considered to be a part of more
than one (1) coating line, its VOC emissions shall be assigned to
each coating line of which it is a par.t proportionally to the
throughput of VOC it receives from or distributes to each coating
line;
Ci) If any portion of the series of equipment or operations qualifies
for an exemption according to Section 6, then that portlo:, shall
be considered to be a separate coatizig liz& .
(6) ‘Process storage” means mixing tanks, holding tanks, and othei taziks,
drums, or other containers which contain surface coatings, VOCs, OL
recovered VOCs; but does not mean storage tanks of petroleum liquids
which are subject to 401 KAR 59:050, 401 KAR 59:052, atid 40! 1 .R 1 ‘
59.190 - I
-------
(7) “Classification date means June 29, 1979.
(8) “VOCs net input” means the total amount of VOCs input to the affected
facility minus the amount of VOCs that are not emitted into the
atmosphere. VOCs that are prevented from being emitted to the
atmosphere by the use of control devices shall not be subtracted from
the total for the purposes of determining VOCs net input. If the nature
of any operation or design of equipment permits more than one (1)
interpretation of this definition, the interpretation that results in
the minimum value for allowable emission shall apply.
Section 2. Applicability.
(1) This regulation shall apply to:
(a) Each affected facility commenced on or after the classification
date defined in Section 1 of this iegulatioi and 1 -ar. ?J -
county or portion of a county deignated as non attainm.?nt tot
ozone in 401 KAR 51:010, for any classification except
marginal; and
(b) Each affected facility commenced on or after the effective date of
this regulation which is part of a major source located in a
county or portion of a county designated atttainment ot m uginii
nonattairiment for ozone in 401 KAR 51:010.
(2) Each affected facility commenced on or after the classification dat . ?
defined in Section 1 of this regulation but prior to the effective date
of this regulation which is part of a major source located in a county
or portion of a county designated attainment or marginally nonattainment
for ozone in 401 KAR 51:010 shall be exempt from this regulation except
that control devices and procedures required at the time it commence.I
shall continue to be operated and maintained.
Section 3. Standard for VOCs.
No person shall cause, allow, or permit an affected facility to discharge into
the atmosphere more than fifteen (15) percent by weight of the VOCs net input
into the affected facility.
Section 4. Compliance.
(1) In all cases the design of any control system shall be subject to
approval by the department.
(2) Compliance with the standard in Section 3 shall be demonstrated by a
material balance unless the cabinet determines that a rnateLiaFbaldIac
is not possible. If a material balance is not possible, compliance Ii.tl1
be determined based upon an engineering analysis by rh.?ca1-iii. r -f ‘ -
control system design, control device etficieiicy, contiol cThtllL..
efficiency and any other factors that may influence the petfoimance or
the system. If requested by the department, performance tests specitied
by thecabinet shall be conducted to determine the efficiency ot the
control device. Capture efficiency shall be determined by plocCdUleb
specified in 401 KAR 50:047 in all ozone nonattainment areas except
marginal.
(3) With the prior approval of the department, the owner or operatol nay
elect to effect all changes necessary to qualify for an exemption undet
Section 6.
(4) If deemed necessary by the department, the department shall obtain
samples of the coatings used at an affected facility to verify that the
coatings meet the requirements in Section 6 of this iegulation Methc J
24, which has been incorporated by reference in 401 KAR 50.015 shall b. ?
used as applicable to determine compliance of the coatings, unless the
department determines that other methods would be more appropriate.
Case-by-case alternatives approved by the cabinet, but not previously
59.190 — 2
-------
authorized by the U.S. EPA. shall be submitted to the U.S. EPA as a IP
revision.
(5) Compliance on one (1) coating line wth VOC emission limits shall be
based on an averaging period not to exceed twenty-four (24) hours. If
it is not economically or technically feasible to determine emission oi
a daily basis, alternatives expressing emission limits foi. longei
averaging times may be accepted if approved by the cabinet. C . -h’-
case alternatives approved by the cabinet, but riot pieviow l dutli L d
by the U.S. EPA, shall be submitted to the U.S. EPA as a SIP ie .i ioi
(6) The amount of exempt solvents shall be subtracted fi-om the amoui r cf
coatings, just like water, with the ultimate value of iiitei est b it 1 y the
mass of VOC per unit volume of coating less exempt solvent or watei OL
both.
(7) Calculations to determine equivalency on one Cl) coating line shall he
based on mass of VOC per volume of solids.
(8) Daily records shall be maintained by the source for the most iec.ent two
(2) year period. These records shall be made available to the cabinet
or the U.S. EPA upon request. The records shall include, but not to be
limited to, the following;
(a) Applicable regulation number;
(b) Application method and substrate type:
(C) Amount and type of adhesive, coating (including catalyst and
reduced for multi component coatings), or solvent used at each
point of application, including exempt compounds;
(d) The VOC content as applied in each adhesive, coatings, or solvent;
(e) The date for ech appliation for adhesive, coating, or solvent;
(f) The amount of surface preparation, clean-up, or wash-up solvent
(including exempt compounds) used ans the VOC content of each; and
(g) Oven temperature, it applicable.
Section 5. Compliance Timetable.
(1) Affected facilities which were subject to this regulation as in eftcr Oh
June 29, 1979, shall have achieved final compliance upon startup.
(2) The owner or operator of an affected facility that, on oi after the
effective date of this regulation, becomes subject to this Ieczularir’r!
for any reason other than construction, moditiactioz, ,i. Le . :I . tLu
shall be required to complete the foliowuig:
(a) A final control plan for achieving compliance with this LecJu1 tiohi
shall be submitted no later than nine (9) months aftei the date
the afected facility becomes subject to this regulation.
(b) The control system contract or the exempt coatings and any
accompanying process change contracts shall be awarded no latci
than eleven (11) months after the date the affected tacilie
becomes subject to this regulation.
(C) On-site construction or installation of emission control equipment
or process changes for exempt coatings shall be initiated no later
than thirteen (13) months after the date the affected facility
becomes subject to this regulation.
(d) On-site construction or installation of emission control equipment
or process changes for exempt coatings shall he completed nc latci
than seventeen (17) months after the date the affected facility
becomes subject to this regulation.
(e) Final compliance shall be achieved no later than eighteen (IS)
months after the date the affected facility becomes subject to
this regulation.
(t) If an affected facility becomes subject to this regulation because
it is located in a county previously designated nonuihan
nonattainment or redesignated in 401 1(AR 51:010 attel NovernI -i 1 .
1990, final compliance may be extended to May 31, 1995, aiid the
schedule in paragraphs (a) through (d) of this subsection adjusted
by the cabinet.
59.190 — 3
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Section 6. Exemptions.
(1) Any affected facility shall be exempt from Section 3 of this regulation
if the VOC content of the coating is less than 0.20 kg/i of coating (1.7
lb/gal), excluding water or exempt solvent or both, delivered to the
applicators associated with the coating line.
(2) An affected facility shall be exempt from this regulation if the total
VOC emissions from all affected facilities subject to this regulation
are less than or equal to:
(a) Three (3)lb/hr actual emissions before add-on control;
(b) Fifteen (15) lb/day actual emissions before add-on control; or
Cc) Ten (10) tons per year theoretical potential emissions based on
design capacity (or maximum production) and 87ó0 hi yi btoi
on control.
(3) Low-use coatings shall be exempt from Section 3 of this iegulatiori it
the plantwide consumption of these coatings in the aggiecjate i. 1 .,
than or equal to fifty-five (55) gallons during che previous twe1 e .12
months.
Effective Date: June 29, 1979
Date Submitted Date Approved Federal
to EPA by EPA Registei
Original Reg JUN 29, 1979 JAN 25, 1980 45 FR 6092
AUG 07. 1981 46 FR 40183
1st Revision OCT 20, 1992 JUN 23, 1994 59 FR 32343
59.190 - 4
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401 KAR 59:210. New fabric, vinyl and paper surface coating operations.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
Relates to: KAR Chapter 224.20—100, 224.20—110, 224.20-120
Pursuant to: KAR 13.082,224.20-100
Necessity and Function: KAR 224.20-100 requires the Department for Natural
Resources and Environmental Protection to prescribe regulations for the
prevention, abatement and control of air pollution. This regulation provides
for the control of volatile organic compound emissions from new fabric, vinyl
or paper surface coating operations.
Section 1. Definitions.
As used in this regulation, all terms not defined in this section shall have
the meaning given to them in 401 KAR 50:010.
(1) “Affected facility” means a coating line for fabric, vinyl or paper.
(2) “Applicator” means the mechanism or device used to apply the coating
including, but not limited to, roll, knife, or rotogravure coater.
(3) “Flashoff area” means the space between the applicator and the ovei,.
(4) “Coating line” means a series of equipment or operations used to apply,
dry, or cure any coatings containing volatile organic compounds VOCs.
This shall include, but is not limited to:
(a) Mixing operations;
(b) Process storage;
(C) Applicators;
(d) Drying operations including, but not limited to, flashoff area
evaporation, oven drying, baking, curing, and polymerization;
(e) Clean up operations;
(f) Leaks, spills, and disposal of VOCs;
(g) Processing and handling of recovered VOCs;
(h) To determine compliance with this regulation, if any equipment or
operation is considered to be a part of more than one (I) coating
line, its VOC emissions shall be assigned to each coating line of
which it is a part proportionally to the throughput of VOCs it
receives from or distributes to each coating line;
(i) If any portion of the series of equipment or operations qualifies
for an exemption according to Section 6. then that portion shall
be considered to be a separate coating lu: .
(5) “Process storage” means mixing tanks, holding tanks, and other tanks,
drums, or other containers which contain surface coatings, VOCs, oi.
recovered VOCs; but does not mean storage tanks of petroleum liquids
which are sub)ect to 401 KAR 59:050, 40.1 KAR 59:052 or 401 KAR 61:050.
(6) “Fabric coating” means the coating oi saturatio:a of a rextlle u} rLir.
to impart properties that are not initially present, such as stiei gtI .
stability, water or acid repellancy, functionality, or appearance.
(7) “Vinyl coating” means the coating of vinyl coated fabrics or vinyl
sheets which includes decorative, functional, or protective topcoats or
59.210 — I
-------
printing.
(8) “Paper coating’ means saturation or the application of a uniform layer
of material across the entire width of a web of paper, pressure
sensitive tapes regardless of substrate, related web coating processes
on plastic film such as typewriter ribbons, photographic film, magnetic
tape, functional films and decorative coatings on metal foil such as
gift wrap and packaging, but does not include the piintinci of pap. i
(9) “Knife coating’ means the application of a coating material to a
substrate by means of drawing the substrate beneath a knife that spreads
the coating evenly over the full width of the substrate.
(10) “Roll coating” means the application of a coating material to a
substrate by means of hard rubber or steel rolls.
(11) ‘Rotogravure coating’ means the application of a coating ruateiicti to d
substrate by means of a roll coating technique in which the parteilL to
be applied is etched on the coating roll. The coating material is
picked up in these regulations recessed areas and is transferi.-ed to the
substrate.
(12) ‘Classification date” means the effective date of this regulation.
(13) “VOCs net input’ means the total input of VOCs input to the affected
facility minus the amount of VOCs that are not emitted into the
atmosphere. VOCs that are prevented from being emitted to the
atmosphere by the use of control devices shall not be subtracted from
the total for the purposes of determining VOCs net input. If the nature
of any operation or design of equipment permits more than one (1)
interpretation of this definition, the interpretation that results in
the minimum value for allowable emission shall apply.
(14) “Printing” means the formation of words, designs and pictures, usually
by a series of application rolls each with only partial coverage. It
shall apply to flexographic and rotogravure processes as applied to
publication and packaging printing as defined in 401 KAR 59 212
Section 2. Applicability.
(1) This regulation shall apply to:
(a) Each affected facility commenced on or after the classification
date defined in Section 1 of this regulation and located in a
county or portion of a county deignated as non attainment toi
ozone in 401 KAR 51:010, for any classification except
marginal; and
(b) Each affected facility commenced on or after the etfective dctt.. çj
this regulation which is part of a major source located in a
county or portion of a county designated atttainment ot marginal
nonattaininent for ozone in 401 KAR 51:010.
(2) Each affected facility commenced on or after the classification date
defined in Section 1 of this regulation but prior to the effective date
of this regulation which is part of a major source located in a county
or portion of a county designated attainment or marginally nonattainment
for ozone in 401 KAR 1:010 shall be exempt from this regulation except
that control devices and procedures required at the time it commenced
shall continue to be operated and maintained.
Section 3. Standard for VOCs.
No person shall cause, allow, or permit an affected facility to discharge into
the atmosphere more than fifteen (15) percent by weight of the VOCs net input
into the affected facility.
59 210 - 2
-------
Section 4. Compliance.
(1) In all cases the design of any contiol system shall b uL e . .t t..
approval by the department.
(2) Compliance with the standard in Section 3 shall be demonstrated by a
material balance unless the department determines that a material
balance is not possible. If a material balance is not possible,
compliance shall be determined based upon an engineering analysis by tI
department of the control system design, control device eff 1 .Ii -
control system capture efficiency, and any other factoi that may
influence the performance of the system. If requested by the
department, performance tests specified by the department shall he
conducted to determine the efficiency of the control device. Capture
efficiency shall be determined by procedures specified in 40! KAR 50:047
in all ozone nonattainment areas except marginal.
(3) With the prior approval of the department, the owner or operatoi may
elect to effect all changes necessary to qualify for an exemption under
Section 6.
(4) If deemed necessary by the department, the department shall obtain
samples of the coatings used at an affected facility to verify that the
coatings meet the requirements in Section 6. Method 24, which has been
incorporated by reference in 401 KAR 50:015, shall be u ed ct
to determine compliance of the coatings unless the department determnit 1 e .
that other methods would be more appropriate. Case-by-case alternatives
approved by the cabunet, but not previously authorized by the U.S. EPA
shall be submitted to the U.S. EPA as a SIP revision.
(5) Compliance on one (1) coating line with VOC emission limits shall h.
based on an averaging period not to exceed twerity-foui. c24 houi it
it is not economically or technically feasible to determine emis. oi . .
a daily basis, alternatives expressing emission limits for longei
averaging times may be accepted if approved by the cabinet. Case-by-
case alternatives approved by the cbinet, but not previously authoiized
by the U.S. EPA, shall be submitted to the U.S. EPA as a SIP levislori
(6) The amount of exempt solvents shall be subtracted from the amount “t
coatings, just like water, with the ultimate value of interest being the
mass of VOC per unit volume of coating less exempt solvent or water or
both.
(7) Calculations to determine equivalency on one (1) coating line shall he
based on mass of VOC per volume of solids. Vinyl plastisols and
organisols shall not be included in VOC equivalency calculations that are
required to be included in applications for VOC bubbles.
(8) Daily records shal be maintained by the source for the most recent two
(2) year period. The record shall be made available to the cabinet or
the U.S. EPA upon request. The records shall include, but not limited
to, the following:
(a) Applicable regulation number
(b) Application method and substrate type,
(c) Amount and type of adhesive, coating (including catalyst cuid
reducer for multicomponent coatings), or solvent used at each
point of application, including exempt compounds;
(d) The VOC content as applied in each adhesive, coating, oi solvent,
(e) The date for each applicaton for adhesive, coating, or solvent;
(f) The amount of surface preparation, clean-up, oi wash-up sol. . iir
(including exempt compounds) used and the VOC . ont nr ct . n I.
(g) Oven temperature, if applicable.
59.210 — 3
-------
Section 5. Compliance Timetable.
(1) Affected facilities which were subject to this regulation as in effct on
June 29, 1979, shall have achieved final compliance upon startup.
(2) The owner or operator of an affected facility that, on or aftei tb
effective date of this regulation, becomes subject to this regulation
for any reason other than construction, modifiaction, or reconstruction
shall be required to complete the following:
(a) A final control plan for achieving compliance with this regulation
shall be submitted no later than nine (9) months after the date
the afected facility becomes subject to this regulatioh.
(b) The control system contract or the exempt coatings and any
accompanying process change contracts shall be awarded no latei
than eleven (11) months after the date the affected facility
becomes subject to this regulation.
(c) On-site construction or installation of emission control equipment
or process changes for exempt coatings shall be initiated no lateL
than thirteen (13) months after the date the affect. cI fa i1i
becomes subject to this regulation.
Cd) On-site construction or installation ot emis io1A colitLol equipni. r
or process changes for exempt coatings shall be completed o ldt. L
than seventeen (17) months after the date the affected facility
becomes subject to this regulation.
Ce) Final compliance shall be achieved no later than eighteen (lS
months after the date the affected facility becomes subject to
this regulation.
(f) If an affected facility becomes subject to this regulation becau
it is located in a county previously designated nonurban
nonattainment or redesignated in 401 ((AR 51:010 after November 15,
1990, final compliance may be extended to May 31. 1995, and the
schedule in paragraphs (a) through Cd) of this subsection adjusted
by the cabinet.
Section 6. Exemptions.
(1) Any affected facility coating fabric or paper shall be exempt from the
provisions of Section 3 if the volatile organic compounds content of the
coating is less then 0.35 kg/l of coating (2.9 lb/gal), excluding watci
or exempt solvent or both, delivered to the applicators associated with
the coating line.
(2) Any affected facility coating vinyl shall be exempt from Section 3 it
the VOC content of the coating is less than 0.45 kg/l of coating (3.8
lb/gal), excluding water or exempt solvent or both, delivered to the
applicators associated with the coating line.
(3) An owner or operator electing to qualify for an exemption undet rht
section shall have achieved final compliance for that art . cred t tci1ir’
by December 1, 1981.
(4) An affected facillity shall be exempt from this regulation if the total
VOC emissions from all affected facilities subject to this regulation
are less than or equal to:
(a) Three (3) lb/hr actual emissions before add-on control;
(b) Fifteen (15) lb/day actual emissions before add-on control; oi
(C) Ten (10) tons per year theoretical potential emissions based on
design capacity (maximum production) and 8760hr/year before add-on
control.
(5) Low-use coatings shall be exempt from Section 3 of this regulation if
the plantwide consumption of these coatings inthe aggregate is less than
or equal to fifty-five (55) gallons during the previous twelve (12,
months.
59.210 - 4
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Effective date: June 29, 1979
Date Submitted Date Approved Federal
to EPA by EPA Registei
Original Reg JUN 29, 1979 JAN 25, 1980 45 FR 6092
NOV 17, 1982 AUG 07, 1981 46 fi. 401
1st revision OCT 20, 1992 JUN 23, 1994 59 FR 3234
59.210 — S
-------
401 KAR 59:212. New graphic arts facilities using rotogravure and
flexography.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
RELATES TO: KRS 224.20—100, 224.20—110, 224.20—120; Appendix A to 40 CFR 60
(Method 24); 42 USC 7401 et. seq.; 42 USC 7407; 7408; 7410
STATUTORY AUTHORITY: KRS 224.10-100, 42 USC 7410
NECESSITY AND FUNCTION: KRS 224.10-100 requires the Natural Resources and
Environmental Protection Cabinet to prescribe regulations for the prevention,
abatement and control of air pollution. 42 USC 7410 likewise requires the
state to implement standards for national primary and secondary ambient au
quality. This regulation provides for the control of volatile organic
compound emissions from new graphic arts facilities which use rotogravure and
flexography.
Section 1. Definitions. As used in this regulation, all terms not
defined in this section shall have the meaning given to them in 401 KAR
59:001.
(1) “Affected facility” means a printing line for packaging
rotogravure, specialty rotogravure, and flexographic printing.
(2) “Applicator” means the mechanism or device used to apply the ink.
(3) “Flashoff area” means the space between the applicatoi arid the
oven.
(4) “Printing line” means a series of equipment or operations used to
apply, dry, or cure any inks containing volatile organic compounds (VOCs).
This shall include, but is not limited to:
(a) Mixing operations;
(b) Process storage;
(c) Applicators;
(d) Drying operations including, but not limited to, flashoff area
evaporation, oven drying, baking, curing, and polymerization;
(e) Clean up operations;
(f) Leaks, spills and disposal of VOCs;
(g) Processing and handling of recovered VOCs;
(h) For the purposes of determining compliance with this regulation,
if any equipment or operation is considered to be a part of more than on . ‘1’
printing line, its VOC emissions shall be assigned to each pu-inting line ot
which it is a part proportionally to the throughput of VOCs it ieceives ti.om
or distributes to each printing line;
(i) If any portion of the series of equipment or operations qualify
for an exemption according to Section 6 of this regulation, then that portion
shall be considered to be a separate printing line;
( ) All units in a machine which has both coating and printing units
shall be considered as performing a printing operation.
(5) “Process storage” means mixing tanks, holding tanks, and otk ei.
tanks, drums, or other containers which contain inks, VOCs, or recovered VOCs;
but does not mean storage tanks of petroleum liquids which are subject to 401
((AR 59:050, 401 ((AR 59:052, or 401 ((AR 61:050.
(6) “Printing” means the formation of words, designs and pictures,
usually by a series of application rolls each with only partial coverage. It
applies to flexographic and rotogravure processes as applied to specialty, and
packaging printing.
(7) “Coating” me ns the application of a uniform layer of material
across the entire width of a web.
(8) “Classification date” means February 4, 1981.
(9) “VOCs net input” means the total amount of VOCs input to the
affected facility minus the amount of VOCs that are not emitted into the
atmosphere. VOC5 that are prevented from being emitted to the atmospheuc b
the use of control devices shall not be subtracted from the total for the
purpose of determining VOCs net input. When the nature of any operation or
59.212 — 1
-------
design of equipment permits more than one (1) interpretation of this
definition, the interpretation that results in the minimum value for allowable
emissions shall apply.
(10) “Packaging rotogravure printing’ means rotogravure printing upon
paper, paper board, metal foil, plastic film, and other substrates, which ate,
in subsequent operations, formed into packaging products and labels for
articles to be sold.
(11) “Publication rotogravure printing means rotogiavure pliritinçj upon
paper which is subsequently formed into books, magazines, catalogues,
brochures, directories, newspaper supplements, and other types of printed
materials.
(12) “Flexographic printing” means the application of words, designs
and pictures to a substrate by means of a roll printing technique in which the
pattern to be applied is raised above the printing roll and the image carrici
is made of rubber or other elastomeric materials.
(13) “Rotogravure printing” means the application of words, desicjn. ,
and pictures to a substrate by means of a roll printing technique which
involves intaglio or recessed image areas in the form of cells.
(14) “Roll printing” means the application of words, designs arid
pictures to a substrate usually by means of a series of hard rubber or steel
rolls each with only partial coverage.
(15) “Specialty rotogravure printing” means all rotogravure printing
except packaging rotogravure and publication rotogravure printing. It
includes, but is not limited to, rotogravure printing on paper cups and
plates, patterned gift wrap [ giftwrap], wallpaper and floor coverings.
Section 2. Applicability. (1) This regulation shall apply to:
(a) Each affected facility commenced on or after the classification
date defined in Section 1 of this regulation and located in a county ot
portion of a county designated as nonattainment for ozone in 401 KAR 51:010,
for any classification except marginal; and
(b) Each affected facility commenced on or after the effective date ot
this regulation which is part of a major source located in a county or portion
of a county designated attainment or marginal nonattainmerit for ozone in 401
KAR 51:010.
(2) Each affected facility commenced on or after the classific-ation
date defined in Section 1 of this regulation but piioi to the ettecti - e war -?
of this regulation which is part of a major source located in a county ot
portion of a county designated attainment or marginally nonattainment tot
ozone in 401 KAR 51:010 shall be exempt from this regulation except that
control devices and procedures required at the time it commenced shall
continue to be operated and maintained.
Section 3. Standard for VOCs. 1 No person shall cause, a1Io , Ot
permit an affected facility for packaging rotogravure printing ot specialty
rotogravure printing to discharge into the atmosphere more than thirty-five
(35) percent by weight of the VOCs net input into the affected facility.
(2) No person shall cause, allow, or permit an affected facility for
flexographic printing to discharge into the atmosphere more than forty (40)
percent by weight of the VOCs net input into the affected facility.
Section 4. Compliance. (1) In all cases the design of any control system
shall be subject to approval by the cabinet.
(2) Compliance with the standard in Section 3 of this regulation shall
be demonstrated by a material balance unless the cabinet determines that a
material balance is not possible. If a material balance is not possible,
compliance shall be determined based upon an engineering analysis by the
cabinet of the control system design, control device efficiency, conrici
system capture efficiency, and any other factors that may influence the
performance of the system. If requested by the cabinet, performance tests
specified by the cabinet shall be conducted to determine the efficiency of the
control device. Capture efficiency shall be determined by procedures specitied
in 401 KAR 50:047 in all ozone nonattainment areas except maiginal.
59.212 - 2
-------
(3) With the prior approval of the cabinet, the owner or operatot may
elect to effect all changes necessary to qualify for an exemption under
Section 6 of this regulation.
(4) If deemed necessary by the cabinet, the cabinet shall obtain
samples of the inks used at an affected facility to verify that the inks m .et
the requirements in Section 6 of this regulation. Appendix A to 40 CFR 60,
Method 24A, which has been incorporated by reference in 401 ( (AR 50:015, shall
be used as applicable to determine compliance of the inks unless the cabinet
determines that other methods would be more appropriate. Case-by-case
alternatives approved by the cabinet, but not previously authorized by the
U.S. EPA, shall be submitted to the U.S. EPA as a SIP revision.
(5) The amount of exempt solvents shall be subtracted from the amount
of inks, just like water, with the ultimate value of interest being the mass
of VOC per unit volume of ink less exempt solvent or water or both.
(6) Daily records shall be maintained by the source for the most
recent two (2) year period. These records shall be made available to the
cabinet or the U.S. EPA upon request. These records shall include, not be
limited to, the following:
(a) Applicable regulation number;
(b) Application method and substrate type;
(C) Amount and type of graphic arts material o solvent ubCd at ‘ i h
point of application, including exempt compounds;
Cd) The VOC content as applied in each graphic arts mateiial 01
solvent;
(e) The date for each application for graphic arts material or
solvent;
(f) The amount of surface preparation, clean-up, oi hash-up . c 1;÷’.r
(including exempt compounds) used and the VOC content of each; and
(g) Oven temperature, if applicable.
Section 5. Compliance Timetable. (1) Affected facilities which were
subject to this regulation as in effect on February 4, 1981, shall have
achieved final compliance upon startup.
(2) The owner or operator of an affected facility that,on or after the
effective date of this regulation, becomes subject to this regulation for any
reason other than construction, modification, or reconstruction shall be
required to complete the following:
(a) A final control plan for achieving compliance with this regulation
shall be submitted no later than nine (9) months after the date the aftected
facility becomes subject to this regulation.
(b) The control system contract or the exempt coatings and any
accompanying process change contracts shall be awarded no latci- than ClC Ij
(11) months after the date the affected facility becomes subject to this
regulation.
(c) On-site construction or installation of emission control equipment
or process changes for exempt coatings shall be initiated no later than
thirteen (13) months after the date the affected facility becomes subject to
this regulation.
Cd) On-site construction or installation of emission coiiti ,l . qu1j rii..nt
or process changes for exempt coatings shall he completed no latci than
seventeen (17) months after the date the affected facility becomes subject to
this regulation.
Ce) Final compliance shall be achieved no later than eighteen cl )
months after the date the affected facility becomes subject to this
regulation.
(f) If an affected facility becomes subject to this iecjulation b -
it is located in a county previously designated nonurhan nonattainment 01
redesignated in 401 KAR 51:0.10 after November 15, 1990, final compliance may
be extended to May 31, 1995, and the schedule in paragraphs (a) through Cd) of
this subsection adjusted by the cabinet.
Section 6. Exemptions. Any affected facility shall be exempt from
Section 3 of this regulation it the printing systems:
59.212 — 3
-------
(1) Utilize a water-borne ink whose volatile portion consists of
seventy-five (75) volume percent water and twenty-five (25) volume percent
organic solvent (or a lower VOC content) in all printing units;
(2) Achieve a seventy (70) volume percent overall reduction of solvent
usage (compared to all solvent-borne ink usage);
(3) Utilize inks which, excluding water, contain sixty (60 p . ic . i r -
more by volume non-volatile material as applied to the substrate; oi
(4) Utilize inks with an emission limit of 0.5 lb VOC/ib solids as
delivered to the applicator.
Effective Date: June 24, 1992
Date Submitted Date Approved Federal Registei
to EPA by EPA
Original Reg FEB 05, 1981 NOV 24, 1981 46 FR 5 7486
MAR 30, 1983 48 FR 13168
1st Revison OCT 20, 1992 JUN 23, 1994 59 FR 32343
59.212 - 4
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401 KAR 59:214. New factory surface coating operations of flat wood paneling.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
Relates to: KRS 224.320, 224.330, 224.340
Pursuant to: KRS 13.082, 224.033
Necessity and Function: KRS 224.033 requires the Department for Natural
Resources and Environmental Protection to prescribe regulations for the
prevention, abatement and control of air pollution. This regulation provides
for the control of volatile organic compound emissions from new factory
surface coating operations of flat wood paneling.
Section 1. Definitions.
As used in this regulation, all terms not defined in this section shall have
the meaning given to them in 401 KAR 50:010.
(1) - ‘Affected facility” means a coating line for the factory surface coating
of interior flat wood paneling.
(2) “Applicator” means the mechanism or device used to apply the coating
including but not limited to: roll coaters, curtain coaters, sprays and
brushes.
(3) “Flashoff area’ means the space between the applicator and the oven.
(4) ‘Coating line” means a series of equipment or operations used to apply,
dry, or cure coatings containing volatile organic compounds (VOCs) . This
shall include, but is not limited to:
(a) Mixing operations;
(b) Process storage;
(C) Applicators;
(d) Drying operations including, but not limited to, flashoff area
evaporation, oven drying, baking, curing, and polymerization;
(e) Clean up operations;
(f) Leaks, spills and disposal of VOCs;
(g) Processing and handling of recovered VOCs;
(h) For the purposes of determining compliance with this regulation,
if equipment or an operation is considered to be a part of moic
than one (1) coating line, its VOC emissions shall be assigned to
each coating line of which it is a part proportionally to th.?
throughput of VOC it receives from or distributes to each coating
line;
(1) If a portion of the series of equipment or operations qualifies
for an exemption according to Section 6, then that portion shall
be considered to be a separate coating line.
(5) “Process storage” means mixing tanks, holding tanks, and other tanks,
drums, or other tanks, drums, or containers which contain surface
coatings, VOCs, or recovered VOCs; but does not mean storage tanks of
petroleum liquids which are subject to 401 KAR 59:050, 401 KAR 59:052 or
401 KAR 61:050.
(6) “Interior flat wood paneling” means printed interior wall panels made
of hardwood plywood and thin particle board, natural finish haidwooci
plywood panels, or hardwood paneling with Class II finishes.
-------
(7) “Printed panels” means panels whose grain or natural surface is obscuied
by fillers and basecoats upon which a simulated grain or decorative
pattern is printed.
(8) “Hardwood plywood’ means plywood whose surface layei is a veneci ot
hardwood.
(9) “Particleboard” means a manufactured board made of individual wood
particles which have been coated with a binder and formed into flat
sheets by pressure. Thin particleboard has a thickness of one-fourth
(1/4) inch or less.
(10) “Natural finish hardwood plywood panels” means panels whose original
grain pattern is enhanced by essentially transparent finishes frequently
supplemented by fillers and toners.
(11) “Hardboard’ means a panel manufactured primarily from inter-f elted
lignocellulosic fibers which are consolidated under heat and pressure i.n
a hot-press.
(12) “Class II hardboard paneling finishes” means finishes which meet the
specifications of Voluntary Product Standard PS-59-73, filed by
reference in 401 KAR 50:015, as approved by the American National
Standards Institute.
(13) “Classification date” means February 4, 1981.
(14) “VOCs net input” means the total amount of VOCs input to the affected
facility minus the amount of VOCs that are not emitted into the
atmosphere. VOCs that are prevented from being emitted to the
atmosphere by the use of control devices shall not be subtracted from
the total for the purposes of determining VOCs net input. It the n. ru1.?
of an operation or a design of equipment permits moi chaii one. ,j
interpretation of this definition, the interpretation that results ii
the minimum value for allowable emission shall apply.
Section 2. Applicability.
(1) This regulation shall apply to:
(a) Each affected facility commenced on or after the classification
date defined in Section 1 of this regulation and located in
county or portion of a county deignated as non attainment fo i
ozone in 401 KAR 51:010, for any classification except
marginal; and
(b) Each affected facility commenced on or after the effective date of
this regulation which is part of a major source located in a
county or portion of a county designated atttainment or marginal
nonattainment for ozone in 401 KAR 51:010.
(2) Each affected facility conunenced on or after the classification date
defined in Section 1 of this regulation but prior to the effective date
of this regulation which is part of a major source located in a county
or portion of a county designated attainment or marginally nonattainment
for ozone in 401 KAR 51:010 shall be exempt from this regulation except
that control devices and procedures required at the time it commenced
shall continue to be operated and maintained.
Section 3. Standard for VOCs.
No person shall cause, allow,or permit an affected facility to dischaige into
the atmosphere more than fifteen (15) percent by weight of the VOCs net input
into the affected facility.
Section 4. Compliance.
(1) In all cases the design of a control system is subject to appiov tl b
the department.
-------
(2) Compliance with the standard in Section 3 shall be demonstrated by a
material balance unless the department determines that a material
balance is not possible. If a material balance is not possible,
compliance shall be determined based on an engineering analysis by the
department of: the control system design, control device efficiency,
control system capture efficiency, and other factors that could
influence the performance of the system. If requested by the
department, performance tests specified by the department shall be
conducted to determine the efficiency of the control device. Captuie
efficiency shall be determined by procedures specified in 401 KAR 50:04
in all ozone nonattainment areas except marginal.
(3) With the prior approval of the department, the owner or operator may
elect to effect all changes necessary to qualify for an exemption under
Section 6 of this regulation.
(4) If deemed necessary by the department, the department shall obtain
samples of the coatings used at an affected facility to verity that the
coatings meet the requirements in Section 6. Method 24, which has been
incorporated by reference in 401 KAR 50:015, shall be used as applicable
to determine compliance of the coatings unless the department deteimiiaes
that other methods would be more appropriate. Case-bycase alternatives
approved by the cabinet, but not previously authorized by the U.S. EPA,
shall be submitted to the U.S. EPA as a SIP revision.
(5) Compliance on one (1) coating line with VOC emission limits shall be
based on an averaging period not to exceed twenty-four (24) hours. If
it is not economically or technically feasible to determine emissions on
a daily basis, alternatives expressing emission limits for longer
averaging times may be accepted if approved by the cabinet. Case-by-
case alternatives approved by the cbinet, but not previously authorized
by the U.S. EPA, shall be submitted to the U.S. EPA as a SIP revision.
(6) The amount of exempt solvents shall be subtracted from the amount of
coatings, just like water, with the ultimate value of interest being the
mass of VOC per unit volume of coating less exempt solvent oi watei. oi
both.
(7) Calculations to determine equivalency on one (1) coating line shall he
based on mass of VOC per volume of solids. Vinyl plastisols and
organisols shall not be included in VOC equivalency calculations that
are required to be included in applications for VOC bubbles.
(8) Daily records shal be maintained by the source for the most recent t o
(2) year period. The record shall he made available to the cabinet -
the U.S. EPA upon request. The records shall include, hut not limited
to, the following:
(a) Applicable regulation number;
(b) Application method and substrate type;
(c) Amount and type of adhesive, coating (including catalyst and
reducer for multicomponent coatings), or solvent used at each
point of application, including exempt compounds;
(d) The VOC content as applied in each adhesive, coating, or solvent;
(e) The date for each applicaton for adhesive, coating, or solvent;
(f) The amount of surface preparation, clean-up, or wash-up solvent
(including exempt compounds) used and the VOC content of each; and
(g) Oven temperature, if applicable.
Section 5. Compliance Timetable.
(1) Affected facilities which were subject to this regulation as in effct on
June 29, 1979, shall have achieved final compliance upon startup.
(2) The owner or operator of an affected facility that, on or after the
effective date of this regulation, becomes subject to this regulation
for any reason other than construction, modifiaction, or reconstruction
shall be required to complete the following:
-------
(a) A final control plan for achieving compliance with this iecJularloh
shall be submitted no later than nine (9) months after the date
the afected facility becomes subject to this regulation.
(b) The control system contract or the exempt coatings and’ any
accompanying process change contracts shall be awarded no lacci.
than eleven (11) months after the date the affected facility
becomes subject to this regulation.
(C) On-site construction or installation of emission control equipmeiir
or process changes for exempt coatings shall be initiated no latci
than thirteen (13) months after the date the affected facility
becomes subjec€ to this regulation.
Cd) On-site construction or installation of emission control equipment
or process changes for exempt coatings shall be completed no later
than seventeen (17) months after the date the affected facility
becomes subject to this regulation.
Ce) Final compliance shall be achieved no later than eighteen (18)
months after the date the affected facility becomes subject to
this regulation.
(f) If an affected facility becomes subject to this regulation because
it is located in a county previously designated rionurban
rionattainment or redesignated in 401 KAR 51:010 after November 15,
1990, final compliance may be extended to May 31, 1995, and tl
schedule in paragraphs (a) through Cd) of this subsection adjusr€ d
by the cabinet.
Section 6. Exemptions.
Cl) Any affected facility shall be exempt from Section 3 of this iegulatiori
if the VOC content of all the coatings applied to a specitic ai. a cf
finished paneling product is:
(a) less than 2.9 kg of VOCs per 100 sq. M. Of coated surface (b 0
lb/1,000 sq.ft.) For printed interior wall panels made of hardwood
plywood and thin particleboard;
(b) Less than 5.8 kg of VOCs per 100 sq. M. Of coated surface (12.0
lb/1,000 sq.ft) for natural finish hardwood plywood panels; oi
Cc) Less than 4.8 kg of VOCs per 100 sq. M. Of coated surface (10.0
lb/l,000 sg.ft) for Class II finishes for hardhoard paneling.
(2) Low-use coatings shall be exempt from Section 3 of this regulation if
the plantwide consumption of these coatings in the aggregate is less
than or equal to fifty-five (55) gallons during the previous twelve (12)
months.
(3) An affected facility shall be exempt from this regulation if the total
VOC emissions from all affected facilities subject to this regulation
are less than or equal to:
(a) Three (3)lb/hr actual emissions before add-on control;
(b) Fifteen (15) lb/day actual emissions before add-on control; or
(c) Ten (10) tons per year theoretical potential emissions based on
design capacity (or maximum production) and 8760 hr/yr before add-
on control.
Effective Date: February 4, 1981
Date Submitted Date Approved Federal
to EPA by EPA Registei
Original Reg FEB 5, 1981 NOV 24, 1981 46 FR 57486
MAR 30, 1983 48 FR 13168
1st Revision OCT 20, 1992 JUN 23. 1994 59 FR 32343
59.214 - 4
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401 KAR 59:225. New miscellaneous metal parts and products surface coating
operations.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
Relates to: KRS Chapter 224.20—100, 224.20-110, 224.20-120
Pursuant to: KRS 13.082, 224.10-110
Necessity and Function: KRS 224.10-100 requires the Department for Natural
Resources and Environmental Protection to prescribe iegulations foi th.
prevention, abatement and control of air pollution. This regulation pLovides
for the control of volatile organic compound emissions from new miscellaneous
metal part and products surface coating operations.
Section 1. Definitions.
As used in this regulation, all terms not defined in this section shall have
the meaning given to them in 401 KAR 50:010.
(1) “Affected facility” means a coating line located at job shops and
original equipment manufacturing industries which apply coatings on
metal substrates not elsewhere subject to regulation in this chapter.
(2) “Applicator’ means the mechanism or device used to apply the coating,
including but not limited to: dipping, spraying, or flow-coating.
(3) “Flashoff area 1 ’ means only one (1) film of coating is applied to the
metal substrate.
(4) “Single coat” means only one (1) film of coating is applied to the metal
substrate.
(5) “Prime coat” means the first of two (2) or more films of coating . ipplied
in an operation.
(6) “Topcoat” means the final film or series of films of coating applied in
a two (2) coat (or more) operation.
(7) “Coating line” means a series of equipment or operations used to apply,
dry, or cure any prime, topcoat or single coatings containing ‘. olatil .
organic compounds(VOCs). This shall include, but is not limited to
(a) Mixing operations;
(b) Process storage;
(C) Applicators;
(d) Drying operations including, but not limited to, tlashotr aica
evaporation, oven drying, baking, curing, and polymerization;
(e) Clean up operation;
(f) Leaks, spills and disposal of VOC5;
(g) Processing and handling of recovered VOCs;
(h) For the purposes of determining compliance with this regulation,
if equipment or an operation is considered to be a part of more
than one (1) coating line, its VOC emissions shall be assigned to
each coating line of which it is a part proportionally to the
throughput of VOC it receives from or distributes to each coating
line;
59.225 - I
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Ci) If a portion of the series of equipment or opeiatioiis qualir\ L
an exemption according to Section 6, then that portior shall be
considered to be a separate coating line.
(8) “Process storage” means mixing tanks, holding tanks, and other tanks,
drums, or other containers which contain surface coatings, VOCs, or
recovered VOCs; but does not mean storage tanks of petroleum liquids
which are subject to 401 KAR 59:050, 401 KAR 59:052, or 401 KAR 61:050
(9) ‘Miscellaneous metal parts and products” means items including but not
limited to:
(a) Large farm machinery (harvesting, fertilizing and planting
machines, tractors, combines, etc.);
(b) Small farm machinery (lawn and garden tractors, lawn mowei ,
rototillers, etc.);
Cc) Small appliances (fans, mixers, blenders, crock pots,
dehumidifiers, vacuum cleaners, etc.);
(d) Commercial machinery (computers and auxiliary equipment,
typewriters, calculators, vending machines, etc I;
(e) Industrial machinery (pumps, compressors, conveyer components,
fans, blowers, transformers, etc.);
(f) Fabricated metal products (metal covered doors, frames, etc.); and
(g) Any other industrial category not otherwise subject to 1Cul tir. :
in this chapter which coats metal parts or products.
(10) “Heat sensitive material” means materials which cannot be exposed to
temperatures greater than eighty-two (82) to ninety- three (93) C (180u
— 200°F)
(11) “Air or forced air-dried items” means parts that are too large or too
heavy for practical size ovens; parts that are sensitive to heat; parts
to which heat sensitive materials are attached; or equipment assembled
prior to top coating for specific performance or quality standards.
(12) “Outdoor or harsh exposure or extreme environmental conditions” means
exposure to any of the following: year round weather conditions,
temperatures consistently above ninety-five (95) Celsius, detergents,
scouring, solvents, corrosive atmospheres; and similai. envl1.oIimerLtdl
conditions.
(13) “Classification date” means February 4, 1981.
(14) “VOCs net input” means the total amount of VOCs input to the Affected
facility minus the amount of VOCs that are not emitted into the
atmosphere. VOCs that are prevented from being emitted to the
by the use of control devices shall not be subtiacted fiom the total toi rh. .
purposes of determining VOCs net input. If the nature of an operation oi
a design of equipment permits more than one (1) interpretation of this
definition, the interpretation that results in the minimum value for
allowable emissions shall apply.
(15) “Glass Primer” means a primer applied to the body of a vehicle to etch
the topcoat for the purpose of ensuring a positive bond with the
adhesive used to secure the windshield and back glass to the vehicle in
a manner consistent with federal safety regulations.
59.225 — 2
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Section 2. Applicability.
(1) This regulation shall apply to:
(a) Each affected facility commenced on or after the classification
date defined in Section 1 of this regulation arid located in a
county or portion of a county deignated as non attainment foi
ozone in 401 KAR 51:010, for any classification ?xc pr
marginal; and
(b) Each affected facility commenced on or after the effective date of
this regulation which is part of a major source located in a
county or portion of a county designated atttainment or marginal
nonattainment for ozone in 401 KAR 51:010.
(2) Each affected facility commenced on or after the classification date
defined in Section 1 of this regulation but prior to the effective dat.
of this regulation which is part of a major source located in a county
or portion of a county designated attainment or marginally nonattairiment
for ozone in 401 KAR 51:010 shall be exempt from this regulation except
that control devices and procedures required at the time it commenced
shall continue to be operated and maintained.
(3) The provisions of this regulation shall not apply to affected facilities
which are subject to local air pollution district regulations which have
been approved by the cabinet and the U.S. EPA.
Section 3. Standard for VOCs.
No person shall cause, allow, or permit an affected facility to discharge into
the atmosphere more than fifteen(15) percent by weight of the VOCs net input
into the affected facility.
Section 4. Compliance.
(1) In all cases the design of a control system is subject to approval by
the department.
(2) Compliance with the standard in Section 3 shall be demonstrated by a
material balance unless the department determines that a mateLl.11
balance is not possible. If a material balance is not possible,
compliance shall be determined based upon an engineering analysis by the
department of: the control system design, control device efficiency,
control system capture efficiency, and other factors that could
influence the performance of the system. If requested by the
department, performance tests specified by the department shall be
conducted to determine the efficiency of the control device. Captuie
efficiency shall be determined by the procedures specified ii 401 RAP,
50:047 in all ozone nonattainment areas except marginal.
(3) With the prior approval of the department, the owner or operator may
elect to effect all changes necessary to qualify for an exemption under
Section 6.
(4) If deemed necessary by the department, the department shall obtaiii
samples of the coatings used at an affected facility to verify that the
coatings meet the requirements in Section 6. Method 24, which has been
incorporated by reference in 401 KAR 50:015, shall be used as applicable
to determine compliance of the coatings unless the department determines
that other methods would be more appropriate. Case-by-case alternatives
approved by the cabinet, but not previously authorized by the U.S. EPA,
shall be submitted to the U.S. EPA as a SIP ievision.
(5) Compliance on one (1) coating line with VOC emission limits shall he
based on an averaging period not to exceed twenty-four (24) hours. If
it is not economically or technically feasible to determine emissions or
a daily basis, alternatives expressing emission limits foi longer
59 225 —
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averaging times may be accepted if approved by the cabinet. Case-by-
case alternatives approved by the cbinet, but not previously authorized
by the U.S. EPA, shall be submitted to the U.S. EPA as a SIP revision.
(6) The amount of exempt solvents shall be subtracted from the amount of
coatings, just like water, with the ultimate value of interest being the
mass of VOC per unit volume of coating less exempt solvent oi water oi
both.
(7) Calculations to determine equivalency on one (I) coating line shall be
based on mass of VOC per volume of solids. Vinyl plastisols and
organisols shall not be included in VOC equivalency calculations that
are required to be included in applications for VOC bubbles.
(8) Daily records shal be maintained by the source for the most recent two
(2) year period. The record shall be made available to the cabinet or
the U.S. EPA upon request. The records shall include, but not limited
to, the following:
(a) Applicable regulation number;
(b) Application method and substrate type,
Cc) Amount and type of adhesive, coating (including catalyst aiic
reducer for rnulticornponent coatings), or solvent used at each
point of application, including exempt compounds;
Cd) The VOC content as applied in each adhesive, coating, or solvent;
(e) The date for each applicaton for adhesive, coating, oi. solvent,
(f) The amount of surface preparation, clean-up, or wash-up solvent
(including exempt compounds) used and the VOC content of earh. md
(g) Oven temperature, if applicable.
Section 5. Compliance Timetable.
(1) Affected facilities which were subject to this regulation as in effc.t on
June 29, 1979, shall have achieved final compliance upon startup.
(2) The owner or operator of an affected facility that, on or after the
effective date of this regulation, becomes subject to this regulation
f or any reason other than construction, modifiaction, or reconstruction
shall be required to complete the following:
Ca) A final control plan for achieving compliance with this regulation
shall be submitted no later than nine (9) months after the date
the afected facility becomes subject to this regulation.
(b) The control system contract or the exempt coatings and any
accompanying process change contracts shall be awarded rL lat. i
than eleven (11) months after the date the affected facility
becomes subject to this regulation.
(C) On-site construction or installation of emission control equipment
or process changes for exempt coatings shall be initiated no lateL
than thirteen (13) months after the date the affected facility
becomes subject to this regulation.
(d) On-site construction or installation of emission coritiol . quipm.mt-
or process changes for exempt coatings shall be completed no latci
than seventeen (17) months after the date the affected facility
becomes subject to this regulation.
Ce) Final compliance shall be achieved no later than eighteen (l
months after the date the affected facility becomes subject to
this regulation.
(f) If an affected facility becomes subject to this regulation hec. use
it is located in a county previously designated nonurbazi
nonattainment or redesignated in 401 KAR 51:010 after Novemhei 15,
1990, final compliance may be extended to May 31, 1995, and the
schedule in paragraphs (a) through (d) of this subsection adjusted
by the cabinet.
59.225 — 4
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Section 6. Exemptions.
(1) An affected facility shall be exempt from the provisions of Section 3 it
the VOC content of coating is:
(a) Less than 052 kg/i of coating (4.3 lb/gal). exc1uUu cj wat i,
delivered to applicators associated with clear coat,
(b) Less than 0.42 kg/i of coating (3.5 lb/gal), excluding water,
delivered to applicators associated with air or forced au-dried
items or items subject to outdoor or harsh exposure or extieme
environmental conditions;
(C) Less than 0.36 kg/i of coating (3.5 lb/galL excluding watci,
delivered to applicators associated with color coat or first coat
or untreated ferrous substrate; or
(d) Less than 0.05 kg/i of powder coating (0.4 lb/gal) delivered to
applicators associated with no or infrequent color change, oi a
small number of colors applied.
(2) The surface coating of the following metal parts and products are exempt
from this regulation:
(a) The exterior of airplanes and marine vessels, but not parts for
the exterior of airplanes and marine vessels that are coated as a
separate manufacturing or coating operation;
(b) Automobile refinishing; and
(c) Customized top coating of automobiles and trucks, if production is
less than thirty-five (35) vehicles per day.
(3) An affected facility shall be exempt from the provisions of Section 3 if
the total VOC emissions from all affected facilities subject to this
regulation are less than or equal to twenty (20) toflb pci. y ai
(4) Low-use coatings shall be exempt from Section 3 of this regulation it
the plantwide consumption of these coatings in the aggregate is less than oi.
equal to fifty-five (55) gallons during the previous twelve (12) months.
(5) Glass primer with VOC content equal to or less than 6.9 lb/gal of jla
primer, excluding water or exempt solvent or both, shall be exem ’t fi rn r):
regulation.
Effective Date: February 4, 1981
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg FEB 5, 1981 NOV 24, 1981 46 FR 57486
MAR 30, 1983 48 FR 13168
1st Revision OCT 20, 1992 JUN 23, 1994 59 FR 32343
59.225 — S
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401 RAP. 59:230. New synthesized pharmaceutical product manufacturing
operations.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
Relates to: KRS 224.20—100, 224.20—110, 224.20—120
Pursuant to: KRS 13.082, 224.10-100
Necessity arid Function: KRS 224.10-100 requires the Department for Natural
Resources and Environmental Protection to prescribe regulations for the
prevention, abatement, and control of air pollution. This regulation provides
for the control of volatile organic compound emissions from new synthesized
pharmaceutical product manufacturing operations.
Section 1. Definitions.
As used in this regulation, all terms not defined herein shall have the
meaning given to them in 401 KAR 50:010.
(1) “Affected facility” means operations involved in the manufactuic of
pharmaceutical products by chemical synthesis, but does not include
fermentation, extraction, or formulation and packaging.
(2) “Extraction” means the manufacture of botanical and biological products
by the extraction of organic compounds from vegetative materials oi
animal tissues.
(3) “Fermentation’ means the production and separation of medicinal
chemicals such as antibiotics and vitamins from microorganisms
(4) “Formulation and packaging” means the formulation of bulk
pharmaceuticals into various dosage forms such as tablets, capsules,
injectable solutions, ointments, etc. that can be taken by the patient
immediately and in accurate amount.
(5) “Classification date” means February 4, 1981.
(6) “kPa’ means kilopascals.
(7) “psi’ means pounds per square inch.
Section 2. Applicability.
(1) This regulation shall apply to:
(a) Each affected facility commenced on ot aftei rh .i clabsiticatioll
date defined in Section 1 of this regulation and located in a
county or portion of a county deignated as non attainment fOL
ozone in 401 KAR 51:010, for any classification except
marginal; and
(b) Each affected facility commenced on or after the effective date of
this regulation which is part of a major source located in a
county or portion of a county designated atttaininerit oi. ma.giii tl
nonattainment for ozone in 401 KAR 51:010.
(2) Each affected facility commenced on or after the classification date
defined in Section 1 of this regulation but prior to the effective date
of this regulation which is part of a major source located in a county
or portion of a county designated attainment or marginally nonattainment
for ozone in 401 KAR 51:010 shall be exempt from this regulation except
that control devices and procedures required at the time it commenced
shall continue to be operated and maintained.
Section 3. Standard for VOCs.
The owner or operator of an affected facility to which this regulation applies
59.230 — I
-------
shall install, maintain and operate the control equipment and observe at all
times the following operating requirements:
(1) (a) Each vent from reactors, distillation operations, crystalliz.n. -s,
centrifuges, and vacuum dryers that emit 6.8 kg’day (fifte.?n !c
lb/day) or more of VOCs shall be equipped with surface cOndeIasCL
or other methods of control which provide emission reductions
equivalent to the use of surface condensers which meet the
requirements in paragraph (b) of this subsection.
(b) If surface condensers are used, the condenser outlet gas
temperature shall not exceed the following temperatures (degrees
Celsius) when condensing VOCs with the respective minimum vapol.
pressure (kilopascals). All vapor pressures are measured to
twenty (20) degrees Celsius.
1. Negative twenty-five (25)°C; forty (40)kPa (5.8 psi);
2. Negative fifteen (15)°C; twenty (20) kPa (2.9 psi);
3. Zero (0)°C; ten (lO)kPa (1.5 psi);
4. Ten (10)°C: Seven (7) kPa (1.0 psi); and
5. Twenty-five (25)°C, 3.5 kPa (0.5 psi).
(2) (a) For air dryers and production equipment exhaust systems that emit
150kg/day (330 lbs/day) or more of VOCs, emission shall h. r. )
ninety (90) percent.
(b) For air dryers and production equipment exhaust systems that emit
less than 150 kg/day (330 lbs/day), emissions shall he reduced to
fifteen (15) kg/day (thirty-threec33) lbs/day).
(3) (a) For storage tanks storing VOCs with a vapor pressure greater than
twenty-eight (28)kPa(4.l psi) at twenty (20) C, onel litci ot
displaced vapor shall be allowed to be released to the atmospheic
for every ten (10) liters transferred (i.e., a ninety (90) pci-cent
effective vapor balance or equivalent) on truck/rail car delivery
to all tanks greater than 7,500 L(2,000 gal) capacity unless the
tanks are equipped with floating roots, vapor recovery systems, or
their equivalent. This requirement does not apply to transfer of
VOCs from one (1) in-plant location to another.
(b) For tanks storing VOCs with a vapor pressure greater than ten (10)
kPa (1.5 psi) at twenty (20)DC, the pressure or vacuum
conservation vents shall be set at plus or minus 0.2 kPa, unless
more effective air pollution control is used.
(4) All centrifuges containing VOCs, rotary vacuum filters processing liquid
containing VOCs and other filters having an exposed liquid surface it
the liquid contains VOCs shall be enclosed. This applies to liquids
exerting a total VOCs vapor pressure of 3.5 kPa (0.5 psi) or more than
twenty (20) °C.
(5) All in-process tanks containing VOC at any time shall have covers which
shall be closed except for short periods when production, samplino.
maintenance, or inspection procedures require opeiatoi access.
(6) For liquids containing VOCs, all leaks in which liquid is obseLved to b.
running or dripping vessels and equipment (for example: pumps. valves,
flanges) shall be repaired within fifteen (15) days. A visual iecheck
shall be made after repair. If the leak is still present or a new leak
is created by the repair, further maintenance shall he performed until
the VOC emission drops below the screening value (observed to be LunI1r q
59.230 — 2
-------
or dripping). Leaks that cannot be repaired within fifteen (15) days
shall be repaired during the next scheduled tur naround. If the cabinet
requests it, the owner or opeartor shall demonstrate to the cabinet’s
satisfaction why the repairs could not be completed within the initial
fifteen (15) day period. If the leak is unable to be brought into
compliance, a variance shall be requested and obtained on an individual
basis. Case-by-case alternatives approved by the cabinet, but not
previously authorized by the U.S.EPA, shall be submitted to the U.S.EPA
as a SIP revision. Leak detection or maintenance and repair procedures
shall include maintaining a survey log identifying when the leak
occurred and reporting every ninety(90) days those leaks not repalied
after fifteen (15) days. The operators shall retain the survey log foi
two (2) years after the inspection is completed.
Section 4. Compliance Timetable.
(1) Affected facilities which were subject to this regulation as in e ’
February 4, 1981, shall have achieved final compliajice upon startu ...
(2) The owner or operator of an affected facility that, on or aftei the
effective date of the regulation, becomes subject to this tegularion toi
a reason other than construction, modification, or reconstruction shall
be required to complete the following:
(a) Submit a final control plan for achieving compliance with this
regulation no later than three (3) months after the date the
affected facility becomes subject to this regulation.
(b) Award the control system contract no later than five (5) months
after the date the affected facility becomes subject t this
regulation.
(c) Initiate on-site construction or installation of emissions control
equipment no later than seven (7) months after the date the
affected facility becomes subject to this regulation.
(d) On-site construction or installation of emission control equipment
shall be completed no later than eleven (11) months after the date
the affected affected facility becomes subject to this regulation
(e) Final compliance shall be achieved no later than twelve (12)
months after the date the affected facility becomes subject to
this regulation.
(f) If an affected facility becomes subject to this iegulation be-,ti-—
it is located in a county previously designated nonurhar
nonattainment or redesignated in 401 KAR 51:010 after November 15,
1990, final compliance may be extended to May 31, 1995, and the
schedule in paragraphs (a) through (d) of this subsection adjusted
by the cabinet.
Section 5. Compliance Procedures.
Compliance shall be determined based upon an engineering analysis b
department of control system design, control device efficiency, cozitiol systenu
capture efficiency, and other factors that could influence the performance of
the system. If requested by the department, performance tests specified by
the department shall be conducted to determine the efficiency of the control
device.
Section 6. Monitoring Requirements.
If adsorbers, condensers, incinerators or scrubbers are used to achieve
compliance with Section 3, the following monitoring devices shall be an
integral part o the control device:
(1) For carbon adsorbers, a m nitoririg device connected to an alarm device,
which indicates carbon bed breakthrough;
(2) For condensers, a temperature securing device located in the exit gas
stream;
59.230 — 3
-------
(3) For incinerators, temperature securinçj devices located iii n i . ? LO [ flLL 1 ,
chamber for thermal incinerators and in the catalyst pie- heat cl iarnbe
f or catalytic incinerators and
(4) For scrubbers, flow meters for measuring flow rate of scrubbing medium
or pressure drop measuring devices indicating back pressure and pressui.
drop across the scrubber.
Effective Date: June 24, 1992
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg FEB 04, 1981 NOV 24, 1981 46 FR 57486
M R 30, 1983 48 FR 13168
1st Revision OCT 20, 1992 JUN 23, 1994 59 FR 32343
59.230 — 4
-------
401 Y. 59:235. New pneumatic rubber tire manufacturing plants.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
Relates to: KRS Chapter 224
Pursuant to: KRS 13.082, 224.033
Necessity and Function: KRS 224.033 requires the Department for Natural
Resources and Environmental Protection to prescribe regulations for the
prevention, abatement, and control of air pollution. This iegu1arioi
for the control of volatile organic compound emissions from new pneumatic
rubber tire manufacturing plants.
Section 1. Applicability.
The provisions of the regulation shall apply to each affected facility
commenced on or after the classification date defined below which is located.
(1) In an urban county designated non-attainment foi. ozone undei 401 K. P.
51:010; or
(2) In any other county and is a part of a major source of volatile organic
compounds.
(3) The provisions of this regulation shall not apply to affected facilities
in the following counties: Garrard, Graves, Hopkins, Laurel, Montgomery,
Nelson, Pulaski, Scott, Taylor, Trigg, and Union prior to designation ot
such counties non-attainment for ozone under 401 KAR 51:010.
Section 2. Definitions.
As used in this regulation, all terms not defined herein shall have the
meaning given to them in 401 KAR 50:010.
(1) “Affected facility ’ means undertread cementers, tread end cementers,
bead dip tanks, and green tire spray booths associated with the
manufacture of pneumatic rubber tires.
(2) “Manufacture of pneumatic rubber tires’ means the mass production of
pneumatic rubber tires.
(3) “Pneumatic rubber tires” means agricultural, airplane, industrial,
mobile home, light and medium duty truck, and pa sengei relI1Ll ’ tii. ..t
bead diameter up to .51 in (twenty (20) in) and cross-sectional Jirn’eii ioi
up to .33 in (12.8 in).
(4) “Volatile organic compounds” means chemical compounds of carbon
(excluding methane, ethane, carbon monoxide, carbon dioxide, carbonic
acid, metallic carbides, and ammonium carbonate) which have a vapol.
pressure greater than one-tenth (0.1) mm Hg at conditions of rw . nt ‘20’
degrees Celsius and 760 mm Hg.
(5) “Classification date” means the effective date of this regulation.
(6) “Water based sprays” means release compounds, sprayed on the inside and
outside of green tires, in which solids, water, and emulsifiers have
been substituted for organic solvents.
Section 3. Standard for Volatile Organic Compounds.
The owner or operator of an affected facility shall install, maintain and
operate capture and control equipment to achieve the following:
(1) Emissions from undertread cementers, tread and ceinenters and bead dip
tanks shall be reduced by at least seventy-six (76) percent; and
(2) Emissions from green tire spray booths shall be ieduced by at l. sc
eighty-one (81) percent. This requirement is not applicable to cJLeCn
59.235 — 1
-------
tire spray booths using water based sprays.
Section 4. Compliance.
Compliance will be determined based upon an engineering analysis by the
department of: the control system design, control device efficiency. control
system capture efficiency and any other factors that could influence the
performance of the system. If so requested by the department, performance
tests as specified by the department shall be conducted in order to determin.
the efficiency of the control device.
Section 5. Variances.
Variation with the standards and limitations contained in this regulation,
when supported by adequate technical information, will be considered by the
department on a case-by-case basis to allow for technological or economic
circumstances which are unique to a source.
Effective date: February 4, 1981
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg FEB 4, 1981 NOV 24, 1981 46 fr 5 486
MAR 30, 1983 48 FR 13168
59.235 — 2
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401 KAR 59:240. New perchioroethylene dry cleaning systems.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
Relates to: KRS Chapter 224.20—100, 224.20-110, 224.20—120
Pursuant to: KRS 13.082, 224.10-100
Necessity and Function: KRS 224.10-100 requires the Department for Natural
Resources and Environmental Protection to prescribe regulations for the
prevention, abatement and control of air pollution. This regulation provides
for the control of volatile organic compound emissions from new
perchioroethylene dry cleaning systems.
Section 1. Definitions.
As used in this regulation, all terms not defined in this section shall have
the meaning given to them in 401 KAR 50:010.
(1) Affected facility” means a dry cleaning system which uses
perchloroethylene.
(2) “Dry cleaning system means a series of equipment or opeiatior s which
includes, but is not limited to washer, dryer, filter and purification
systems, waste disposal systems, holding tanks, pumps, and attendant
piping valves used for the purpose of commercial cleaning of fabrics.
(3) “Classification date” means February 4, 1981.
Section 2. Applicability.
(1) This regulation shall apply to:
(a) Each affected facility commenced on or after the classification
date defined in Section 1 of this regulation and located in a
county or portion of a county deignated as non attainment for
ozone in 401 KAR 51:010, for any classification except
marginal; and
(b) Each affected facility commenced on or after the effective date of
this regulation which is part of a major source located in a
county or portion of a county designated atttainment or marginal
nonattainment for ozone in 401 KAR 51:010.
(2) Each affected facility commenced on or after the classification date
defined in Section 1 of this regulation but prior to the effective date
of this regulation which is part of a manor source located in a counr’;
or portion of a county designated attainment or maiginally 1&onattauiIm .rir
for ozone in 401 KAR 51:010 shall be exempt from this regulation exc.ept
that control devices and procedures required at the time it commenced
shall continue to be operated and maintained.
Section 3. Standard for VOCs.
The owner or operator of an affected facility shall install, maintain and
operate the control equipment such that the following requirements are met:
(1) There shall be no liquid leakage of organic solvents from the system.
(2) The entire dryer exhaust shall be vented through a properly functioning
carbon adsorber or equally effective control device.
(3) The maximum organic solvent concentration in the vent from the dryer
control device shall not exceed 100 ppm before dilution.
(4) Filter and distillation wastes.
(a) The residue from a diamaceous earth filter shall be cooked or
treated so that wastes shall not contain more twenty-five (25) kg
of solvent per 100 kg of wet waste material.
59.240 — 1
-------
(b) The residue from a solvent still shall not contain more than sixty
(60) kg of solvent per 100 kg of wet waste material.
(C) Filtration cartridges shall be drained in the filter housinci f i
at least twenty-four (24) hours before being discarded. The
drained cartridges shall be dried in the dryer tumbici attei
draining.
Cd) Any other filtration or distillation system may be used if
equivalency to these requirements is demonstrated. A system
reducing waste losses below one (1) kg solvent per 100 kg clothes
cleaned shall be considered equivalent.
Section 4. Compliance.
(1) Liquid leakage shall be determined by visual inspection of the following
sources:
(a) Hose connections, unions, couplings and valves;
(b) Machine door gasket and seating;
(c) Filter head gasket and seating;
(d) Pumps;
(e) Base tanks and storage containers;
(f) Water separators; -
(g) Filter sludge recovery operations;
(h) Distillation units;
(i) Diverter valves;
(j) Saturated line from line basket; and
(k) Cartridge filters.
(2) Dryer exhaust concentration shall be determined by the proper
installation, operation, and maintenance of approved equipment as
determined by the department or by performance tests specified by the
department.
(3) The amount of solvent in filter and distillation wastes shall be
determined by ASTM D 322-67 (77), and substituting collector C from ASTM
E 123-78. ASTM methods have been incorporated by reference in 401 (
-------
(c) Initiate on-site construction or installation of emissions control
equipment no later than seven (7) months after the date the
affected facility becomes subject to this regulation.
Cd) On-site construction or installation of emission control equipment
shall be completed no later than eleven (11) months after the date
the affected affected facility becomes subject to this regulation.
Ce) Final compliance shall be achieved no later than twelve (12)
months after the date the affected facility becomes subject to
this regulation.
(f) If an affected facility becomes subject to this regulation because
it is located in a county previously designated nonurb. ir
nonattaininent or redesignated in 401 KAR 51:010 aftei Novemhpi 15.
1990, final compliance may be extended to May 31, 1995, and the
schedule in paragraphs (a) through (d) of this subsection adjusted
by the cabinet.
Section 6. Exemptions.
Perchioroethylene dry cleaning facilities which are cooperated shall be exempt
from this regulation.
Section 7. Variances:
Variation with the standards and limitations contained in this regulation, if
supported by adequate technical information, may be considered by the
department on a case-by-case basis to allow for technological or economic
circun stances which are unique to a source. Case-by-case alternatives
approved by the cabinet, but not previously authorized by the U.S.EPA
Effective Date: June 24, 1992
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg FEB 5, 1981 NOV 24, 1981 46 FR 57486
MAR 30, 1983 48 FR !31 S
1st Revision OCT 20, 1992 JUN 23, 1994 59 FR 3234
59.240 — 3
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401 KAR 59:315. Specific new sources.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
RELATES TO: KRS 224.20-100, 224.20-110, 224.20-120, 42 USC 7401 et. seq., 42
USC 7407, 42 Usc 7408, 42 Usc 7410
STATUTORY AUTHORITY: KRS 224. 10-100
NECESSITY AND FUNCTION: KRS 224. 10-100 requires the Natural Resources and
Environmental Protection Cabinet to prescribe regulations for the prevention,
abatement, and control of air pollution. This regulation provides for the
control of volatile organic compound emissions for specific new sources.
Section 1. Definitions. Terms used in this regulation shall have the meaning
given them in 401 KAR 59:001.
Section 2. Applicability.
(1) 401 KAR 61:055, 401 KAR 61:090, 401 KAR 61:105 401 KAR 1:110, 401 KAR
61:125, 401 KAR 61:130, 401 KAR 61:137, 401 KAR 61:155, and 401 KAR
61:175 shall apply to:
(a) Each affected facility commenced on or after the classification
date defined in Section I of the corresponding regulation and
located in a county or portion of a county designated as
nonattainment for ozone in 401 KAR 51:010, for any classificatio i
except marginal; and
(b) Each affected facility commenced on or after the effective
date of this regulation which is part of a major source located
in a county or portion of a county designated attainment or
marginal nonattainment for ozone in 401 KAR 51:010.
(2) Each affected facility commenced on or after the classification date
defined in Section I of the corresponding regulation but prior to the
effective date of this regulation which is part of a major source
located in a county or portion of a county designated attainment or
marginally nonattainment for ozone in 401 KAR 51:010 shall be exempt
from this regulation except that control devices and procedures required
at the time it commenced shall continue to be maintained.
(3) If a requirement of any other regulation of the Division for Air Quality
is more stringent, then the more stringent requirement shall apply.
Effective Date: June 24, 1992
Date Submitted Date Approved F deia1
tâ EPA by EPA Registei
Original Reg OCT 20, 1992 JUN 23, 1994 59 FR 32343
59 l5 — 1
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401 KAR 61:001. Definitions and abbreviations of terms used in 401 KAR
Chapter 61.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
RELATES TO: KRS 224.01—010, 224.20-100, 224.20—110, 224.20—120; 40 CFR Chaptei
I; Appendices A through K to 40 CFR 50; 40 CFR 5 1. 100(s); 40 CFR 53; 40 CFR
60; Appendices A and B to 40 CFR 60; Appendix B to 40 CFR 61; 42 USC 7410; 42
USC 7411 (a) (8)
STATUTORY AUTHORITY: KRS 224.10-100
NECESSITY AND FUNCTION: KRS 224.10-100 requires the Natural Resouices and
Environmental Protection Cabinet to prescribe regulations for the prevention,
abatement, and control of air pollution. This administrative regulation
provides for the defining of terms used in 401 KAR Chapter 61.
Section 1. General definitions. As used in the Division for Air Quality
administrative regulations of 401 KAR Chapter 61, unless the content clearly
indicates otherwise in a specific administrative regulation, the following
words shall have the following meanings;
(1) “Affected facility” means an apparatus, building, operation, road, or
other entity or series of entities which emits or may emit an air
contaminant into the outdoor atmosphere.
(2) “Air contaminant” has the meaning given it in KRS 224.01-010.
(3) “Air pollutant” means an air contaminant.
(4) “Air pollution” has the meaning given it in KRS 224.01-010.
(5) “Air pollution control equipment” means a mechanism, device o
contrivance used to control or prevent air pollution, which is not,
aside from air pollution control laws and regulations, vital to
production of the normal product of the source or to its normal
operation.
(6) ‘Alteration” means:
(a) The installation or replacement of air pollution control equipment
at a source; -
(b) A physical change in or change in the method of operation ot an
affected facility which increases the potential to emit of a
pollutant (to which a standard applies) emitted by the facility or
which results in the emission of an air pollutant (to which a
standard applies) not previously emitted.
(7) ‘Alternative method” means a method of sampling and analyzing for an air
pollutant which is not a reference or equivalent method but which has
been demonstrated to the cabinet’s and the U.S. EPA’s satisfaction to,
in specific cases, produce results adequate for its determination of,ff
compliance.
(8) “Ambient air” means that portion of the atmosphere, external to
buildings, to which the general public has access.
(9) “Ambient air quality standard’ means a numerical expression of a
specified concentration level for a particular air contaminant and the
time averaging interval over which that concentration level is measured
and is a goal to be achieved in a stated time through the application of
appropriate preventive or control measures.
61.001 -
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(10) “Cabinet” has the meaning given it in KRS 224.01-010.
(11) “Capital expenditure’ means an expenditure for a physical or operational
change to an affected facility which exceeds the product of the
applicable “annual asset guideline repair allowance percentage”
specified in the Internal Revenue Service (IRS) Publication 534 which
has been incorporated by reference in 401 KAR 50:010 and the affected
facility’s basis, as defined by section 1012 of the Internal Revenue
Code which has been incorporated by reference in 401 KAR 50:010.
However, the total expenditure for a physical or operational change to
an affected facility shall not be reduced by any “excluded additions’ as
defined in IRS Publication 534, as would be done for tax purposes.
(12) “Commence” means that an owner or operator has undertaken a continuous
program of construction, modification, or reconstruction of an affected
facility, or that an owner or operator has entered into a contractual
obligation to undertake and complete, within a reasonable time, a
continuous program of construction, modification, or reconstruction of
an affected facility.
(13) “Compliance schedule” means a time schedule of remedial measures
including an enforceable sequence of actions or operations leading to
compliance with a limitation or standard.
(14) “Construction” means fabrication, erection, installation or modification
of an air contaminant source.
(15) “Continuous monitoring system” means the total equipment, required undeL
the applicable regulations used to sample, to condition (if applicable),
to analyze and to provide a permanent record of emissions or process
parameters.
(16) “Design capacity” means the maximum rate at which a unit was designed to
operate.
(17) “Director” means Director of the Division for Air Quality of the Natural
Resources and Environmental Protection Cabinet.
(18) “District” has the meaning given it in KRS 224.01-010.
(19) “Emission standard” means that numerical limit which fixes the amout t of
an air contaminant or air contaminants that may be vented into the
atmosphere (open air) from an affected facility or from air pollution
control equipment installed in an affected facility.
(20) “Equivalent method” means a method of sampling and analyzing for an air
pollutant which has been demonstrated to the cabinet s and the U.S.
EPA’s satisfaction to have a consistent and quantitatively knowi,
relationship to the reference method, under specified conditions.
(21) “Exempt solvent” means an organic compound listed in the definition of
volatile organic compound as not participating in atmospheric
photochemical reactions.
(22) “Existing source” means a source which is not a new souLce.
(23) “Extreme nonattainment county” or “extreme nonattainment area” means a
county or portion of a county designated extreme nonattainment in 401
KAR 51:010.
(24) “Fixed capital cost” means the capital needed to provide all the
depreciable components.
61.001 — 2
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(25) “Fuel” means natural gas, petroleum, coal, wood, and any form of solid,
liquid, or gaseous fuel derived from these matetials foi the puipo .r
creating useful heat.
(26) “Fugitive emissions” means the emissions of an air contaminant into the
open air other than from a stack or air pollution control equipment
exhaust.
(27) “Hydrocarbon” means an organic compound consisting predominantly cf
carbon and hydrogen.
(28) “Incineration” means the process of igniting and burning solid, semi-
solid, liquid, or gaseous combustible wastes.
(29) “Intermittent emissions” means emissions of particulate matter into the
open air from a process which operates for less than any six (6)
consecutive minutes.
(30) “Major source” means a source of which the potential emission rate is
equal to or greater than 100 tons per year of any one (1) of the
following pollutants: particulate matter, sulfur oxides, nitrogen
oxides, volatile organic compounds or carbon monoxide.
(31) “Malfunction” means a 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 preventable equipment breakdown shall not be considered
malfunctions.
(32) “Marginal nonattainment county” or “marginal noiiattainmerit ai a’ m- .-u.
county or portion of a county designated marginal nonattair&ment in 401
KAR 51:010.
(33) “Moderate nonattaininent county” or “moderate nonattainment area” means a
county or portion of a county designated moderate nonattainment in 401
KAR 51:010.
(34) “Modification’ means a physical change in, or change in the method ot
operation of, an affected facility which increases the amount of an air.
pollutant (to which a standard applies) emitted into the atmosphere by
that facility or which results in the emission of an air pollutant (to
which a standard applies) into the atmosphere not previously emitted.
The following shall not, by themselves, be considered modifications:
(a) Maintenance, repair, and replacement which the cabinet determities
to be routine for a source category;
(b) An increase in production rate of an affected facility, if that
increase can be accomplished without a capital expenditure@on that
facility;
(c) An increase in the hours of operation;
(d) Use of an alternative fuel or raw material if, prior to the date
any standard becomes applicable to that source type, the affected
facility was designed to accommodate that alternative use. A
facility shall be considered to be designed to accommodate an
alternative fuel or raw material if that use could be accomplished
under the facility’s construction specifications as amei d+d IiiDt
to the change. Conversion to coal required for. . ri ig
considerations, as specified in 42 USC 7411 Ia) (8), shall not he
considered a modification;
61.001 - 3
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(e) The addition or use of any system or device whose primary fuiictlo!i
is the reduction or air pollutants, except when an emission
control system is removed or is replaced by a system which the
cabinet determines to be less environmentally beneficial;
(f) The relocation or change in ownership of an existing .facility.
(35) “Monitoring device” means the total equipment, required in applicable
regulations, used to measure and record (if applicable) process
parameters.
(36) “New source” means a source, the construction, reconstruction, or
modification of which commenced on or after the classification date as
defined in the applicable regulation. A source, upon reconstruction,
becomes a new source, irrespective of a change in emission .ate.
(37) “Nitrogen oxides” means all oxides of nitrogen except nitrous oxide, as
measured by test methods specified by the cabinet.
(38) ‘Opacity” means the degree to which emissions reduce the transmission of
light and obscure the view of an object in the background.
(39) “Owner or operator” means a person who owns, leases, operates, contLol ,
or supervises an affected facility or a source to which an affected
facility is a part.
(40) “Par.ticulate matter”, means a material, except uncombined water; which
exists in a finely divided form as a liquid or a solid as measured by
the appropriate approved test method.
(41) “Particulate matter emissions” means, except as used in 40 CFR 60, all
finely divided solid or liquid material, other than uncombined water,
emitted to the ambient air as measured by applicable reference methods,
or an equivalent or alternative method specified in 40 CFR Chapter 1, or
by a test method specified in the approved state implementation plan.
(42) “Person” means an individual, public or private corporation, political
subdivision, government agency, municipality, industry, co-partnership,
association, firm, trust, estate, or other entity.
(43) “PM 10 ” means particulate matter with an aerodynamic diameter less thai,
or equal to a nominal ten (10) micrometers as measured by a reference
method based on Appendix J to 40 CFR 50, which has been incorporated by
reference in 401 KAR 50:015, and designated in accordance ‘, ith 40 CFR
53, or by an equivalent method designated in accordance with 40 CFR 53
(44) “PM 1 , emissions” means finely divided solid or liquid material with an
aerodynamic diameter less than or equal to a nominal ten (10)
micrometers emitted to the ambient air as measured by an applicable
reference method, or an equivalent or alternative method, specified in
40 CFR Chapter 1, or by a test method specified in the approved state
implementation plan.
(45) “Potential to emit” means the maximum capacity of a stationary souo.ce to
emit a pollutant under its physical and operational design. A physical
or operational limitation on the capacity of the source to emit a
pollutant, including air pollution control equipment and restrictions on
hours of operation or on the type or amount of material combusted,
stored, or processed, shall be treated as part of its design it the
limitation or the effect it would have on emissions is federally
enforceable. Secondary emissions shall not count in determining the
potential to emit of a stationary source.
61.001 — 4
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(46) “Reconstruction” means the replacement of components of an existing
affected facility to the extent that the fixed capital cost of the new
components exceeds fifty (50) percent of the fixed capital cost that
would be required to construct a comparable entirely new affected
facility, and it is technologically and economically feasible to meet
the applicable new source standards. Individual sections of these
administrative regulations may include specific provisions which ierin.
and delimit the concept of reconstruction set forth in this subsection
The cabinet’s determination as to whether the proposed replacement
constitutes reconstruction shall be based on:
(a) The fixed capital cost of the replacements in comparison to the
fixed capital cost that would be required to construct a
comparable entirely new facility;
(b) The estimated life of the affected facility after the replacementb
compared to the life of a comparable entirely new affected
facility;
(C) The extent to which the components being replaced cause or
contribute to the emissions from the affected facility; and
(d) Economic or technical limitations on compliance with applicable
standards of performance which are inherent in the proposed
replacements.
(47) “Reference method” means a method of sampling and analyzing for an air
pollutant as prescribed by Appendices A through K to 40 CFR 50,
Appendices A and B to 40 CFR 60, and Appendix B to 40 CFR 61, which have
been incorporated by reference in 401 KAR 50:015. This term may be moic
narrowly defined within a specific regulation.
(48) “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.
(49) Secondary emissions” means emissions which occui as a iesult ot tI ,.
construction or operation of a major stationary source or majoi
mDdification, but do not come from the major stationary source or major
modification itself. Secondary emissions shall be specific, well
defined, quantifiable, and shall impact the same general area as does
the stationary source modification which causes the secondary emissions
Secondary emissions may include, but are not limited to emissions from
an offsite support facility which would not otherwise be constLuctecl o
increase its emissions as a result of the construction or operation of
the major stationary source or major modification. Secondary emissions
do not include emissions which come directly from a mobile source, such
as the emissions from the tailpipe of a motor vehicle, from a train, or
from a vessel.
(50) “Serious nonattainment county” or “serious nonattainment area’ means a
county or portion of a county designated serious nonattainment in 401
KAR 51:010.
(51) “Severe nonattainment county” or “severe nonattainment area” means a
county or portion of a county designated severe nonattainment in 401 KAR
51:010.
(52) “Shutdown” means the cessation of an operation
(53) “Source” means one (1) or more affected facilities contained withui a
given contiguous property line. The property shall be consideied
contiguous if separated only by a public thoroughfare, stream, oi orh.?1
right of way.
61.001 — 5
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(46) “Reconstruction” means the replacement of components of an existing
affected facility to the extent that the fixed capital cost of the new
components exceeds fifty (50) percent of the fixed capital cost that
would be required to construct a comparable entirely new affected
facility, and it is technologically and economically feasible to meet
the applicable new source standards. Individual sections of these
administrative regulations may include specific provisions which icrine
and delimit the concept of reconstruction set forth in this subsection.
The cabinet’s determination as to whether the proposed replacement
constitutes reconstruction shall be based on:
(a) The fixed capital cost of the replacements in comparison to the
fixed capital cost that would be required to construct a
comparable entirely new facility;
(b) The estimated life of the affected facility after the replacements
compared to the life of a comparable entirely new affected
facility;
Cc) The extent to which the components being replaced cause or
contribute to the emissions from the affected facility; and
Cd) Economic or technical limitations on compliance with applicable
standards of performance which are inherent in the proposed
replacements.
(47) “Reference xnethod means a method of sampling and analyzing for an air
pollutant as prescribed by Appendices A through K to 40 CFR 50,
Appendices A and B to 40 CFR 60, and Appendix B to 40 CFR 61, which ha ?
been incorporated by reference in 401 KAR 50:015. This term may be moie
narrowly defined within a specific regulation.
(48) “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.
(49) “Secondary emissions” means emissions which OCCUL as a result or th
construction or operation of a major stationary source or major
modification, but do not come from the major stationary source or major
modification itself. Secondary emissions shall be specific, well
defined, quantifiable, and shall impact the same general area as does
the stationary source modification which causes the secondary emissions.
Secondary emissions may include, but are not limited to emissions from
an offsite support facility which would not otherwise he constructed 01.
increase its emissions as a result of the construction or operation of
the major stationary source or major modification. Secondary emissions
do not include emissions which come directly from a mobile source, such
as the emissions from the tailpipe of a motor vehicle, from a train, or
from a vessel.
(50) “Serious nonattainment county” or “serious nonattainment area” means a
county or portion of a county designated serious nonattainment in 401
KAR 51:010.
(51) “Severe nonattainment county” or “severe nonattainment area” means a
county or portion of a county designated severe nonattainment in 401 KAR
51:010.
(52) “Shutdown” means the cessation of an operation.
(53) “Source” means one (1) or more affected facilities contained within a
given contiguous property line. The property shall be consideied
contiguous if separated only by a public thoroughfare, stream, oi othei
right of way.
61.flO l — S
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ainines with no unsaturations; and
Cd) Sulfur containing perfluorocarbons with no unsaturations and with
sulfur bonds only to carbon and fluorine. These compounds have
been determined to have negligible photochemical reactivity. For
purposes of determining compliance with emission limits, VOCs
shall be measured by test methods that have been approved by the
cabinet and the U.S. EPA. If a method used also inadvertently
measures compounds with negligible photochemical reactivity, an
owner or operator may exclude these negligibly reactive compounds
when determining compliance with an emissions standard.
Section 2. Abbreviations. The abbreviations used in the administrative
regulations of 401 KAR Chapter 61, shall have the following meanings.
AOAC - Association of Official Analytical Chemists
ANSI - American National Standards Institute
ASTM - American Society for Testing and Materials
BOD - Biochemical oxidant demand
BTU - British Thermal Unit
- Degree Celsius (centigrade)
Cal - calorie
cfm - cubic feet per minute
CFR - Code of Federal Regulations
CH 4 -methane
CO - Carbon monoxide
CO 2 - Carbon dioxide
COD - Chemical oxidant demand
dscf - dry cubic feet at standard conditions
dscm - dry cubic meter at standard conditions
- Degree Fahrenheit
ft - feet
g - gram
gal - gallon
gr - grain
hr - hour
HCL - Hydrochloric acid
Hg - mercury
HF - Hydrogen fluoride
H 2 0- water
H 2 S - Hydrogen sulfide
H 2 S0 4 - Sulfuric acid
in - inch
J - joule
KAR - Kentucky Administrative Regulations
kg - kilogram
KRS - Kentucky Revised Statutes
1 - liter
lb - pound
m - meter
in 3 - cubic meter
mm - minute
mg - milligram
MJ - megajoules
MM - million
mm - millimeter
mo - month
Ng - nanograms
N 2 - Nitrogen
NO - Nitric oxide
NO 2 - Nitrogen dioxide
NO - Nitrogen oxides
oz - ounce
61.001 — 7
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02 - oxygen
03 - OZOfl
ppb - parts per billion
ppm - parts per million
ppm (w/w) - parts per million (weight by weight)
jig - microgram
psia - pounds per square inch absolute
psig - pounds per square inch gage
S - at standard conditions
sec - second
SIP - State implementation plan
SO 2 - Sulfur dioxide
sq - square
TAPPI - Technical Association of the Pulp and Paper Industry
TSP - Total suspended particulates
TSS - Total suspended solids
U.S. EPA - United States Environmental Protection Agency
UTM - Universal Transverse Mercator
VOC - Volatile organic compound
yd - yard
Effective Date: June 6, 1996
Date Submitted Date Approved Federal
to EPA by EPA Register
Origninal Reg OCT 20, 1992 JUN 23, 1994 59 FR 32343
1st Revision JAN 27, 1995 JUN 13, 1995 60 FR 31087
2nd Revision JUN 19, 1997 JAN 1, 1997 62 FR 2916
61.001 — 8
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403. KAR 61:005. General provisions.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
Relates to: KRS Chapter 224
Pursuant to: KRS 13.082, 224.033
Necessity and Function: KRS 224.033 requires the Department for Natural
Resources and Environmental Protection to prescribe regulations for the
prevention, abatement, and control of air pollution. This regulation is to
provide for the establishment of monitoring requirements, performance testing
requirements, and other general provisions as related to existing sources.
Section 1. Applicability.
The provisions of this chapter shall apply to the owner or operator of any
existing source for which a standard of performance has been promulgated under
this chapter.
Section 2. Performance Test.
(1) On or before the completion of a control plan at an affected facility
and at such other times as may be required by the department, the OWflCL
or operator of an affected facility, except for those affected
facilities specified below, shall conduct performance test(s) according
to 401 KAR 50:045 and shall furnish the department a written report of
the results of such performance test(s).
(a) Process operation with a process weight rate of less than 100 tons
per hour;
(b) Indirect heat exchangers of less than 250 million BTU heat input;
Cc) Incinerator with a charging rate of forty-five (45) metric tons
per day (fifty (50) tons/day) or less;
Cd) Affected facilities specified in: 401 KAR 61:040, 401 KAR 61:045,
401 KAR 61:050, 401 KAR 61:056, 401 KAR 61:060, 401 KAR 61:085,
401 KAR 61:090, 401 KAR 61:095, 401 KAR 61:100, 401 KAR 61:105,
401 KAR 61:110, 401 KAR 61:120, 401 KAR 61:122, 401 KAR 61:124,
401 KAR 61:125, 401 KAR 61:130, 401 KAR 61:132, 401 KAR 61:135,
401 KAR 61:137, 401 KAR 61:150, 401 KAR 61:155, 401 KAR 61:160.
(2) The department may require the owner or operator of any affected
facility including those specified in subsection (1) of this section to
conduct performance test(s) according to 401 KAR 50:045 and furnish a
written report of the results of such performance test(s).
Section 3. Emission Monitoring.
This section sets forth the minimum requirements for continuous emission
monitoring, recording, and reporting for source categories which are set
forth. It includes the performance specifications for accuracy, reliability,
and durability of acceptable monitoring systems and techniques to convert
emission data to units of applicable emission standards.
(1) The owner or operator of a source in a category listed below shall:
(a) Install, calibrate, operate and maintain all monitoring equipment
necessary for continuously monitoring the pollutants specified in
this section for the applicable source category,
(b) Complete the installation and performance tests of such equipment
and begin monitoring and recording within eighteen (18) months
from June 29, 1979, except as provided in paragraph (c of this
subsection; and
61:005 — I
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401 KAR 61:005. General provisions.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
Relates to: KRS Chapter 224
Pursuant to: KRS 13.082, 224.033
Necessity and Function: KRS 224.033 requires the Department for Natural
Resources and Environmental Protection to prescribe regulations for the
prevention, abatement, and control of air pøllution. This regulation is to
provide for the establishment of monitoring requirements, performance testing
requirements, and other general provisions as related to existing sources.
Section 1. Applicability.
The provisions of this chapter shall apply to the owner or operator of any
existing source for which a standard of performance has been promulgated under
this chapter.
Section 2. Performance Test. -
(1) On or before the completion of a control plan at an affected facility
and at such other times as may be required by the department, the owner
or operator of an affected facility, except for those affected
facilities specified below, shall conduct performance test(s) according
to 401 KAR 50:045 and shall furnish the department a written report of
the results of such performance test(s).
(a) Process operation with a process weight rate of less than 100 tons
per hour;
(b) Indirect heat exchangers of less than 250 million BTU heat input;
(c) Incinerator with a charging rate of forty-five (45) metric tons
per day (fifty (50) tons/day) or less;
(d) Affected facilities specified in: 401 KAR 61:040, 401 KAR 61.045,
401 KAR 61:050, 401 KAR 61:056, 401 KAR 61:060, 401 KAR 61:085.
401 KAR 61:090, 401 KAR 61:095, 401 KAR 61:100, 401 KAR 61:105,
401 KAR 61:110, 401 KAR 61:120, 401 KAR 61:122, 401 KAR 61:124,
401 KAR 61:125, 401 KAR 61:130, 401 KAR 61:132, 401 KAR 61:135,
401 KAR 61:137, 401 KAR 61:150, 401 KAR 61:155, 401 KAR 61:160.
(2) The department may require the owner or operator of any affected
facility including those specified in subsection (1) of this section to
conduct performance test(s) according to 401 KAR 50:045 and furnish a
written report of the results of such performance test(s).
Section 3. nission Monitoring.
This section sets forth the minimum requirements for continuous emission
monitoring, recording, and reporting for source categories which are set
forth. It includes the performance specifications for accuracy, reliability,
and durability of acceptable monitoring systems and techniques to convert
emission data to units of applicable emission standards.
(1) The owner or operator of a source in a category listed below shall:
(a) Install, calibrate, operate and maintain all monitoring equipment
necessary for continuously monitoring the pollutants specified in
this section for the app1 cable source category,
(b) Complete the installation and performance tests of such equipment
and begin monitoring and recording within eighteen (IS) months
from June 29, 1979, except as provided in paragraph Cc) of this
subsection; and
61:005 — 1
-------
shall be installed, calibrated, maintained, and operated in
accordance . with the procedures of this subsection by the
owner or operator of any such indirect heat exchangei of
greater than 250 million BTU per heat input except where
gaseous fuel is the only fuel burned, or oil or a rnxxtui.? of
gas and oil are the only fuels burned and the source is able
to comply without utilization of particulate mattei
collection equipment, and where the source has nevei been
found, through any administrative or judicial proceedings,
to be in violation of any visible emission standard.
2. A continuous monitoring system for the measurement of sulfur
dioxide which meets the appropriate performance
specifications as specified in subsection (7) of this
section shall be installed, calibrated, maintained, and
operated on any indirect heat exchangers (except where
natural gas or wood waste is burned) of greater than 250
million BTU per hour heat input.
3. A continuous monitoring system toi the measuLemeI t ot t i—
percent oxygen or carbon dioxide which meets the appropi. late
performance specifications as specified in subsection (7) of
this section shall be installed, calibr ted,operated, and
maintained on indirect heat exchangers where measurements of
oxygen or carbon dioxide in the flue gas are required to
convert either sulfur dioxide or nitrogen oxides continuous
emission monitoring data, or both, to units of the emissloTI
standard.
(b) Sulfuric acid plants. For the purposes ot this iegulatiou,
“sulfuric acid plant” means any facility producing sulfuric acid
by the contact process by burning elemental sulfur, alkylation
acid, hydrogen sulfide, or acid sludge, but does not include
facilities where conversion to sulfuric acid is utilized primarily
as a means of preventing emissions to the atmospheic of sultui.
dioxide or other sulfur compounds. The owner or operator of each
sulfuric acid plant of greater than 200 tons per day production
capacity, the production capacity being expressed as 100 percent
acid, shall install, calibrate, maintain, and operate a continuous
monitoring system for the measurement of sulfur dioxide which
meets the appropriate performance specifications as specified in
subsection (7) of this section for each sulfuric acid producing
facility within such plant.
(c) Nitric acid plants. For the purposes of this regulation ‘nitric
acid plant” means any facility producing nitric acid thirty (30)
to seventy (70) percent by weight in strength by either the
pressure or atmospheric pressure process. The owner or operator
of each nitric acid plant of greatci than 200 tons pci da
production capacity, the production capacity being expressed as
100 percent acid, shall install, calibrate, maintain and operate a
continuous monitoring system for the measurement of nitrogen
oxides which meet the appropriate specifications as specified in
subsection (7) of this section for each nitric acid producing
facility within such plant.
(d) Petroleum refineries. The owner or operator of each attect d
facility specified in this paragraph shall install, calibiate,
maintain and operate continuous monitoring equipment as follows:
1. A continuous monitoring system for the measurement of
opacity for catalyst regenerator for fluid bed cracking
units of greater than 20,000 barrels per day fresh feed
capacity which meets the appropriate performance
61:005 — 3
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specifications specified in subsection (7) of this section.
2. A continuous monitoring system for the measurement of sulfur
dioxide in the gases discharged into the atmosphere from the
combustion of fuel gases subject to 401 KAR 61:145 which
meets the appropriate performance specifications specified
in subsection (7) of this section (except where a continuous
monitoring system for the measurement of hydrogen sulfide is
installed under subparagraph 3 of this paragraph). The
pollutant gas used to prepare calibration gas mixtures under
Performance Specification 2 of 40 CFR 60 paragraph 2.1 and
for calibration checks shall be sulfur dioxide. The span
shall be set at 100 ppm. For conducting monitoiing sy en
performance evaluations, Reference Method 6 shall he used.
3. An instrument for continuously monitoring and recording
concentrations of hydrogen sulfide in fuel gases burned in
any fuel gas combustion device subject to 40.1. KAR 61:145
which meets the appropriate performance specifications
specified in subsection (7) of this section, if orn 1ia : —
is achieved by removing hydrogen sulfide fiom the tuel gas
before it is burned; fuel gas combustion devices having a
common source of fuel gas may be monitored at one (1)
location, it monitoring at this location accurately
represents the concentration of hydrogen sulfide in the fuel
gas burned. The span of this continuous monitoring system
shall be 300 ppm.
4. An instrument for continuously monitoring and recording
concentrations of sulfur dioxide in the gases discharged
into the atmosphere from any Claus sulfur recovery plant
subject to 401 KAR 61:145 which meets the appropriate
performance specifications in subsection (7) of this
section, if compliance is achieved through the use of an
oxidation control system or a reduction coritiol system
followed by incineration. The span of this continuous
monitoring system shall be set at 500 ppm.
5. An instrument(s) for continuously monitoring and recoiding
the concentration of hydrogen sulfide and reduced sulfui
compounds in the gases discharged into the atmospheie trorn
any Claus sulfur recovery plant subject to 401 KAR bi 14
which meets the appropriate performance specifications
specified in subsection (7) of this section, if compliance
is achieved through the use of a reduction control system
not followed by incineration. The span(s) of this
continuous monitoring system shall be set at twenty (20) ppm
for monitoring and recording the concentration of hydrogen
sulfide and 600 ppm for monitoring and recording the
concentration of reduced sulfur compounds.
6. An instrument for continuously monitoring and recording the
concentration of sulfur dioxide in gases discharged into
the atmosphere from fluid catalytic cracking unit catalyst
regenerators subject to 401 KAR 61:145 which meets the
appropriate performance specifications specified in
subsection (7) of this section. The span of this continuous
monitoring system shall be 1,500 ppm.
(e) Incinerators. Each incinerator with a charging capacity of more
than forty-five (45) metric tons per day (fifty (SO) tons/day)
shall install, calibrate, maintain, and operate a continuous
monitoring system for the measurement of opacity which meets the
61:005 — 4
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appropriate performance specifications as specified i a subsec-tion
(7) of this section.
(f) Each control device with a concentrated discharge associated with
the affected facilities subject to 401 KAR 61:0Th, 01 401 KAR
61:080 shall install, calibrate, maintain, and operate a
continuous monitoring system for the measurement of opacity which
meets the appropriate performance specifications as specified in
subsection (7) of this section.
(7) Except as provided in subsection (8) of this section, all owners or
operators which are required to comply with this section shall
demonstrate compliance with the following performance specifications ot
Appendix B to 40 CFR 60.
(a) Continuous monitoring systems for measuring opacity shall comply
with Performance Specification 1.
(b) Continuous monitoring systems for measuring sulfur dioxide shall
comply with Performance Specification 2.
(C) Continuous monitoring systems for measuring nitrogen oxides shall
comply with Performance Specification 2.
(d) Continuous monitoring systems for measuring oxygen shall comply
with Performance Specification 3.
(e) Continuous monitoring systems for measuring caLbon dioxid. ha11
comply with Performance Specification 3.
(8) An owner or operator who, prior to September 11, 1974, ettt i d into a
binding contractual obligation to purchase specific continuous
monitoring system components or who installed continuous monitoring
equipment prior to October 6, 1975 shall comply with the following
requirements:
(a) Continuous monitoring systems for measuring opacity of emissions
shall be capable of measuring emission levels within plus or minus
twenty (20)percent with a confidence level of ninety-five (95
percent. The Calibration Error Test and associated calculation
procedures set forth in Performance Specification 1 of Appendix B
to 40 CFR 60 shall be used for demonstrating compliance with this
specification;
(b) Continuous monitoring systems for measurement of nitrogen oxides
or sulfur dioxide shall be capable of measuring emission levels
within plus or minus twenty (20) percent with a confidence level
of ninety-five (95) percent. The Calibration Error Test, the
Field Test for Accuracy (Relative), and associated operating and
calculation procedures set forth in Appendix B to 40 CFR 60 shall
be used for demonstrating compliance with this specification.
(c) Owners or operators of all continuous monitoring systems installed
on an affected facility prior to October 6, 1975, may be required
to conduct tests under paragraphs (a) and/or (b) of this
subsection if requested by the department.
(d) All continuous monitoring systems referenced by this subsection
shall be upgraded or replaced (if necessary) with i e coi rii uou.,
monitoring systems, and the new 01 improved systems shall be
demonstrated to comply with applicable performance specifications
within five (5) years from June 29, 1979.
(9) Calibration gases. For sulfur dioxide monitoring systems installed on
indirect heat exchangers, sulfuric acid plants or petroleum refineiy
fluid catalyst cracking unit regenerators, the pollutant ga used to
61:005 — 5
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prepare calibration gas mixtures (Section 2.1, Performance Specification
2, Appendix B to 40 CFR 60) shall be sulfur dioxide. For nitrogen
oxides monitoring systems, installed on nitric oxide plants the
pollutant gas used to prepare calibration gas mixtures (Section 2.1.
Performance Specification 2, Appendix B to 40 CFR 60) shall be nitrogen
oxide. This gas shall also be used for daily checks under subsection
(13) of this section as applicable. Span and zero gases certified by
their manufacturer to be traceable to National Bureau of Standards
reference gases shall be used whenever these reference gaSses are
available. Every six (6) months from dates from dates of manutacture,
span and zero gases shall be reanalyzed by conducting triplicate
analyses using the reference methods in Appendix A to 40 CFR 60 as
follows: for sulfur dioxide, use Reference Method 6, for nitrogen
dioxide use Reference Method 7, and for carbon dioxide and oxygen use
Reference Method 3.
(10) cycling times. Cycling times include the total time a monitoiing system
requires to sample, analyze, and record an emission measurement.
(a) Continuous monitoring systems for measuring opacity shall comI.i. r—
a minimum of one (1) cycle of operation (sampling, analyzing, arid
data recording) for each successive ten (10) second period.
(b) Continuous monitoring systems for measuring oxides of nitrogen,
carbon dioxide, oxygen, or sulfur dioxide shall complete a minimum
of one (1) cycle of operation (sampling, analyzing, and data
recording) for each successive fifteen (15) minute period.
(11) Monitor location. A continuous monitoring device shall be installed
such that representative measurements of emissions or process parameters
(i.e., oxygen or carbon dioxide) from the affected facility are
obtained. Additional guidance for location of continuous monitoring
systems to obtain representative samples are contained in the applicable
Performance Specifications of Appendix B of 40 CFR 60.
(12) Combined effluents. When the effluents from two (2) or more affected
facilities of similar design and operating characteristics are combined
before being released to the atmosphere, the department may allow
monitoring systems to be installed on combined effluent. When the
affected facilities are not of similar design and operating
characteristics, or when the effluent from one Cl) point, the department
shall establish alternate pioceduies to implement the ir t rit ct
requirements.
(13) Zero and span drift. Owners or operators of all continuous monitoring
systems installed in accordance with the requirements of this subsection
shall record the zero and span drift in accordance with the method
prescribed by the manufacturer of such instruments; to subject the
instruments to the manufacturers recommended adjustments at shoiteL
intervals, in which case the recommendations shall be followed; to
adjust the zero and span whenever the twenty-four (24) hour zero drift
or twenty-four (214) hour calibration drift limits of the applicable
performance specifications in Appendix B of 40 CFR 60 are exceeded; and
to adjust continuous monitoring systems referenced by subsection (8) of
this section whenever the twenty-four (24) hour zero drift or
twenty-four (24) hour calibration drift exceeds ten (10) percent of the
emission standard.
(14) Span. Instrument span should be approximately 200 percent of the
expected instrument data display output corresponding to the emission
standard of the source.
(15) Alternate procedures and requirements. The department may allow
equivalent procedures and requirements that have been appio eU by
61:005 -
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U.S. Environmental Protection Agency for continuous monitoring systems
as follows:
(a) Alternate monitoring requirements to accommodate continuous
monitoring systems that require corrections for stack moistuie
conditions (e.g., an instrument measuring sulfui dioxide enusslolis
on a wet basis could be used with an instrument measuring oxygen
concentration on a dry basis if acceptable methods of measuring
stack moisture conditions are used to allow accurate adjustments
of the measured sulfur dioxide concentrations to a dry basis).
(b) Alternate locations for installing continuous monitozu g systems
or monitoring devices when the owner or operator can demonstrate
to the satisfaction of the department that installation at
alternate locations will enable accurate and representative
measurements.
Cc) Alternative procedures for performing calibration checks (e.g.,
some instruments may demonstrate superior drift characteristics
that require checking at less frequent intervals).
(d) Alternative monitoring requirements when the effluent from two (2)
or more identical affected facilities is released to the
atmosphere through more than one (1) point (e.g., an extractive,
gaseous monitoring system used at several points may be approved
if the procedures recommended are suitable for generating acf ui te
emission averages).
(e) Alternate continuous monitoring systems that do not meet the
spectral response requirements in Performance Specification I,
Appendix B of 40 CFR 60, but adequately demonstrate a definite and
consistent relationship between their measurements and the opacity
measurements of a system complying with the requirements in
Performance Specification I. The department may requiie that ucI
demonstration be performed for each affected facility.
(16) Minimum data requirements. The following paragraphs set forth the
minimum data reporting requirements. Both a printed summary and
computer tape or cards shall be furnished in the format specified by the
division.
(a) Owners or operators of facilities required install continuous
monitoring systems shall submit for every calendar quarter, a
written report of excess emissions and the nature and cause of the
excess emissions if known. The averaging period used for data
reporting should correspond to the averaging period specified in
the emission test method used to determine compliance with an
emission standard for the pollutant/source category in question.
The required report shall include, as a minimum, the data
stipulated in this subsection. All quarterly reports shall be
postmarked by the thirtieth (30th) day following the end of each
calendar quarter.
(b) For opacity measurements, the summary shall consist of the
magnitude in actual percent opacity of six (6) minute averages of
opacity greater than the opacity standard in the applicable
standard for each hour of operation of the facility. AVCLaCJC
vales may be obtained by integration over the averaging period oi
by arithmetically averaging a minimum of four (4) equally spaced,
instantaneous opacity measurements in excess of the stanclaici.
minus the two (2) minute exemption). If more than one (1) opacity
standard applies, excess emissions data must be submitted in
relation to all such standards. Opacity data need he reported on
computer cards or tape only.
61:005 — 7
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Cc) For gaseous measurements the summary shall consist of hourly
averages in the units of the applicable standard. The hourly
averages shall not appear in the written summary, but shall be
made available from the computer tape or cards.
Cd) The date and time identifying each period during which the
continuous monitoring system was inoperative, except for zero and
span checks, and the nature of system repairs or adjustments shall
be reported. Proof of continuous monitoring system performance
whenever system repairs or adjustments have been made is i.equii.. U.
Ce) When no excess emissions have occurred and the continuous
monitoring system(s) have not been inoperative, repaired, oi
adjusted, such information shall be included in the report.
(f) Owners or operators of affected facilities shall maintain a file
of all information reported in the qualteLly summi aii , .1 J
other data collected either by the continuous moriitollng system oi
as necessary to convert monitoring data to the units of the
applicable standard for a minimum of two (2) years from the date
of collection of such data or submission of such summaries.
(17) Owners or operators of affected facilities shall use the following
procedures for converting monitoring data to units of the standard whet?
necessary.
Ca) For indirect heat exchangers the following procedures shall be
used to convert gaseous emission monitoring data in parts per
million to g/million cal (lb/million ETU) where necessary:
1. When the owner or operator of an indirect heat exchanger
elects under subsection (6) (a)3 of this section to measure
oxygen in the flue gases, the measurements of the pollutant
concentration and oxygen concentration shall each be or ct
dry basis and Equation I of the conversion procedures in
Appendix A to this regulation shall be used.
2. When the owner or operator elects under subsection(6Ha)3 of
this section to measure carbon dioxide in the flue gases,
the measurement of the pollutant concentration and the
carbon dioxide concentration shall each be on a conbistelat
basis (wet or dry) and Equation II of the conversion
procedures in Appendix A to this regulation shall be used.
(b) For sulfuric acid plants the owner or operator shall:
1. Establish a conversion factor three (3) times daily
according to the procedures in 401 KAR 59:035, Section 5t2;
2. Multiply the conversion factor by the avetage sulfut dioxide
concentration in the flue gases to obtain average sulfur
dioxide emissions in kg/metric ton (lb/short ton); and
3. Report the average sulfur dioxide emission for each
averaging period in excess of the applicable emission
standard in the quarterly summary.
Cc) The department may allow data reporting or reduction procedures
varying from those set forth in this section if the owner or
operator of a source shows to the satisfaction of the department
that his procedures are at least as accurate as those in this
section. Such procedures may include but are not limited to the
following:
1. Alternative procedures for computing emission avelages that
do not require integration (e.g., some facilities may
6l Onc — 8
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demonstrate that the variability of theii emissions is
sufficiently small to allow accurate reduction of data ): ‘as. d
upon computing averages from equally spaced data points oiei
the averaging period).
2. Alternative methods of converting pollutant concentration
measurements to the units of the emission standards.
(18) Special consideration. The department may provide toi appio al, oi t
case-by-case basis, of alternative monitoring requirements different
from the provisions of this section if the provisions of this section
(i.e., the installation of a continuous emission monitoring system)
cannot be implemented by a source due to physical plant limitations or
extreme economic reasons. In such cases, when the department exempts
any source subject to this section by the use of this provision from
installing continuous emission monitoring systems, the department shall
set forth alternative emission monitoring and reporting requirements
(e.g., periodic manual stack tests) to satisfy the intent of these
regulations. Examples of such special cases include, but are not
limited to, the following:
(a) Alternative monitoring requirements may be prescribed when
installation of a continuous monitoring system or monitorinri
device specified by this section would not provide accurate
determinations of emissions.
(b) Alternate monitoring requirements may be prescribed when the
affected facility is infrequently operated.
(c) Alternative monitoring requirements may be prescribed when the
department deems that the requirements of this section would
impose an extreme economic burden on the source owner or opeiaroi.
The burden of proof for an alleged economic burden” is to he
borne by the source.
(d) Alternative monitoring requirements may be prescribed when the
department deems that monitoring systems prescribed by this
section cannot be installed due to physical limitations at the
facility.
Effective date: December 1, 1982
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 DEC 24, 1980 45 FR 84999
1st Revision DEC 09, 1982 DEC 04, 1986 51 FR 43742
MAY 04, 1986 54 FR l91 9
61:005 — 9
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APPENDIX A TO 401 KAR 61:005
CONVERSION PROCEDURES
Equation I. E = CF (20.9 )
(20.9 — %O,)
Equation II. E = (100 )
%CO,
pollutant emission, g/million cal (lb/million ETU).
C = pollutant concentration, gldscm (lb/dscf), determined by
multiplying the average concentration (ppm) for each hourly
period by 4.16 x 10 5 M gfdscm per ppm (2.64 x l0 M lh/dscf
per ppm)
where M = pollutant molecular weight, gig-mole
(lb/lb-mole).
M = 64 for sulfur dioxide and
46 for oxides of nitrogen.
%O = Oxygen volume (expressed as percent) determin.?d with
equipment specified under Section 3(6) (a)3.
%C0 2 = carbon dioxide volume (expressed as percent) determined with
equipment specified under Section 3(6) (a)3.
F, Fc = a factor representing a ratio of the volume of dry flue
gases generated to the calorific value of the fuel combusted
(F), and a factor representing a ratio of the volume of
carbon dioxide generated to the calorific value of the fuel
combusted (Fc) respectively. Values of F and Fc are given
in 401 KAR 59:015 as applicable.
61:005 — 10
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401 KAR 61:010. Existing incinerators.
NATURkL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
Relates to: KRS Chapter 224
Pursuant to: KRS 13.082, 224.033
Necessity and Function: KRS 224.033 requires the Department for Natural
Resources and Environmental Protection to prescribe regulations for the
prevention, abatement, and control of air pollution. This regulation provides
standards of performance for existing incinerators.
Section 1. Applicability.
The provisions of this regulation shall apply to each affected facility which
means each incinerator with a capacity of 2.5 cubic feet or greater comntenced
before the classification date defined below.
Section 2. Definitions.
As used in this regulation, all terms not defined herein shall have the
meaning given them in 401 KAR 50:010.
(1) Ilncineratoru 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.
(2) “Auxiliary fuel” means a substance burned in an incinerator to supply
additional heat to attain temperature sufficiently high to dry and
ignite the waste and to maintain ignition of the waste.
(3) “Classification date” means:
(a) August 17, 1971 for incinerators with a charging rate of moie than
fifty (50) tons/day.
(b) April 9, 1972 for incinerators with a charging rate of fifty (50)
tons/day or less.
Section 3. Standard for Particulate Matter.
(1) No person shall cause, suffer, allow, or permit the emission produced by
the incineration of any substance other than sawdust, wood chips, or
bark which:
(a) Is greater than twenty (20) percent opacity; or
(b) For those incinerators with charging rate greater than or equal to
500 lb/hr. 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.
(2) No person shall cause, suffer, allow or permit the emission pioduced by
the incineration of sawdust, wood chips, or bark which:
(a) is equal to or greater than forty (40) percent opacity (for the
purposes of 401 KAR 50:055, Section 2(4) and (5), thirty (30)
consecutive minutes shall be allowed for startup and thirty (30)
consecutive minutes shall be allowed for shutdown); or
(b) Exceeds 0.21 grains of particulate matter per standaici cubic toot
of dry flue gas corrected to twelve (12) percent carbon dioxide
excluding the contribution of carbon dioxide from auxiliary fuel.
Section 4. Monitoring of Operations.
The owner or operator of any incinerator of more than forty- five(45) metric
61:010 — 1
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tons per day charging rate (fifty (50) tons per day) sub)ect to the provisions
of this regulation shall record the daily charging rate and hours of
operation.
Section 5. Test Methods and Procedures.
(1) Except as provided in 401 KAR 50:045, performance tests used to
demonstrate compliance with Section 3 shall be conducted according to
the following methods (filed by reference in 401 KAR 50:015):
(a) Kentucky Method 50 for the concentration of particulate mattei and
the associated moisture content;
(b) Reference Method 1 for sample and velocity trave1 e3;
Cc) Reference Method 2 for velocity and volumetric flow rate; and
Cd) Reference Method 3 for gas analysis and calculations of excess ai
using the integrated sample technique.
(2) For Kentucky Method 50 the sampling time for each LUfl shall be at
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.
(3) 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 (a) to (c) of this
subsection or the procedure under paragraphs (a), (b) and (f) of this
subsection as follows:
(a) The outlet sampling site shall be the same as for the particulate
matter measurement. The inlet site shall be selected according to
Reference Method 1, or as specified by the department.
(b) Randomly select nine (9) sampling points within the cross section
at both the inlet and outlet sampling sites. Use the first set of
three (3) for the first run, the second set for the second run,
and the third set for the third run.
(c) Simultaneously with each particulate mattef run, extract and
analyze for CO 2 an integrated gas sample accoLding to Retei. a
Method 3, traversing the three (3 sample points and sampling at
each point for equal increments of time. Conduct the runs at both
inlet and outlet sampling sites.
Cd) Measure the volumetric flow rate at the inlet during each
particulate matter run according to Reference Method 2, 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 particulate matter run (Reference Method
5).
(e) Calculate the adjusted CO 2 percentage using the equation in
Appendix A to this regulation.
(f) Alternatively, the following procedures may be substituted for the
procedures under paragraphs Cc), (d) and (e) of this subsection:
1. Simultaneously with each particulate matter run, extract and
analyze for carbon dioxide, oxygen and nitrogen an
integrated gas sample according to Reference Method 3,
traversing the three (3) sample points and sampling foi
6] 010 — 2
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equal increments of time at each point. Conduct the iur s at
both inlet and outlet sampling sites.
2. After completing the analysis of the gas sample, ca1cu1ar’
the percentage of excess air (%EA) for both the inlet ti J
outlet sampling sites using Equation 3-1 in Reference Method
3.
3. Calculate the adjusted CO percentage using the equation in
Appendix B to this regulation.
4. Particulate matter emissions expressed in g/dscrn, shall be
corrected to twelve (12) percent CO 2 by using the equation
in Appendix C to this regulation.
Effective Date: June 6, 1979
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 DEC 24, 1980 45 FR 84999
DEC 04, 1986 51 FR 43142
MAY 04, 1989 54 FR 191o9
61:010 - 3
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APPENDIX A TO 401 KAR 61:010
EQUATION FOR ADJUSTED CO 2 PERCENTAGE
(%Co 2 ) adj = (%CO,)di (Qdi/Qdo)
Where:
(%C0 2 ) adj is the adjusted CO, percentage which removed the effect of
CO 2 adsorption and diffusion of air;
(% C0 2 ) di is the percentage of CO, measured before the
scrubber, dry basis;
Qdi is the volumetric flow rate before the scrubber, average of
two runs, dscf/min, using Reference Method 2; and
Qdo is the volumetric flow rate after the scrubber, dscf/miii,
using Reference Methods 2 and 5.
61:010 - 4
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APPENDIX B TO 401 KAR 61:010
EQUATION FOR ADJUSTED CO PERCENTAGE
(%CO 2 adj = (%C0 2 )di 100 + (%EA)i
100 + (%EA)o
Where:
(%C0 2 )adj is the adjusted outlet CO 2 percentage;
(%C0 2 )di is the percentage of CO, measured before the
scrubber, dry basis;
(%EA)i is the percentage of excess air at the inlet; and
(%EA)o is the percentage of excess air at the outlet.
61:010 - 5
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APPENDIX C TO 401 KAR 61:010
EQUATION FOR CORRECTING PARTICULATE MJtTTER EMISSIONS
C 12 = lac
%CO,
Where:
C 12 is the concentration of particulate matter corrected to twelve
percent C0 2 ;
C is the concentration of particulate matter as measured by
Reference Method 5;
%C0 2 is the percentage of CO 2 as measured by Reference Method 3, or
when applicable, the adjusted outlet CO. percentage as determined
by Section 5(3)(c).
61:010 — 6
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401 KAR 61:015. Existing indirect heat exchangers.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
Relates to: KRS Chapter 224
Pursuant to: KRS 13.082, 224.033
Necessity and Function: KRS 224.033 requires the Department for Natural
Resources and Environmental Protection to prescribe regulations foi tlt.
prevention, abatement, and control of air pollution. This iegulation plo. iU.?
for the control of emissions from existing indirect heat exchangers.
Section 1. Applicability.
The provisions of this regulation shall apply to each affected facility
commenced before the applicable classification date defined below.
Section 2. Definitions.
As used in this regulation, all terms not defined herein shall have the
meaning given them in 401 KAR 50:010 and 401 KAR 50:025.
(1) “Affected facility” means an indirect heat exchanger having a heat input
capacity of more than one (1) million BTU per hour.
(2) “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) “Classification date” means:
(a) August 17, 1971, for affected facilities with a capacity of more
than 250 million BTU per hour heat input;
(b) April 9, 1972, for affected facilities with a capacity of 250
million BTU per hour heat input or less.
Section 3. Method for Determining Allowable Emission Rates.
(1) Except as provided in subsection (3) of this section, the total Lat-?d
heat input capacity of all affected facilities, commenced be o ie th
applicable classification date within a source shall be used as
specified in Sections 4 and 5 to determine the allowable emission in
terms of pounds of effluent per million BTU heat input.
(2) At such time as any affected facility is assigned an allowable emission
rate by the department, at no time thereafter shall that rate he changed
to inclusion or shutdown of any affected facility at the source.
(3) (a) A source may petition the department to establish an allowable
emission rate which may be apportioned without regard to
individual affected facility heat input provided that the
conditions specified in paragraphs (b), (C), (d), and (e) of this
subsection are met. Such allowable emission rate shall be
determined according to the following equation: F = (AB +DE)/C
Where:
A = the allowable emission rate (in pounds per million BTU
input), as determined according to 401 KAR 59:015,
Section 3(1);
B the total rated heat input (in millions of BTU p i
hour) of all affected facilities commenced on oi after
61:015 — 1
-------
the applicable classification date within a source,
including those for which an application to COi tLt
modify, or reconstruct has been submitted to the
department;
C = the total rated heat input (in millions of BTU per
hour) of all affected facilities within a source,
including those for which an application to
construct, modify, or reconstruct has been submitted
to the department;
D = the total emission rate (in pounds per million BTLJ
input) as determined according to subsection (1) of
this section;
E = the total rated heat input (in millions of BTU per
hour) of all affected facilities commenced beZoic the
applicable classification date;
F = the alternate allowable emission rate (in pounds per
actual million BTU input).
(b) At no time shall the owner or operator of the source allow the
total emissions (in pounds per hour) from all aftected tacilirie
within the source divided by the total actual heat input tin
millions of BTU per hour) of all affected facilities within the
source to exceed the alternate allowable emission rate as
determined by paragraph (a) of this subsection.
(c) At no time shall the owner or operator of any source subject to
federal new source performance standards allow the emissions f cm
any affected facility commenced on or after the applicable
classification date to exceed the allowable em ssion rate
determined by use of that affected facility’s rated heat input
(instead of the heat input as determined by subsection (1) of this
section) as specified in 401 KAR 59:015, Sections 4 and 5.
(d) The owner or operator of the source must demonstrate compliance
with this subsection by conducting a performance test according to
401 KAR 50:045 on each affected facility under such conditions as
may be specified by the department.
(e) Upon petition, the department will establish an alternate emission
rate in accordance with this subsection if the owner or operator
demonstrates to the department’s satisfaction that the source will
maintain compliance with this subsection on a continual basis.
Section 4. Standard for Particulate Matter.
Except as provided for in Section 3(3), no owner or operator of an affected
facility subject to the provisions of this regulation shall cause to be
discharged into the atmosphere from that affected facility:
(1) Particulate matter in excess of that specified in Appendix A ot this
regulation;
(2) Emissions which exhibit greater than twenty (20) percent opacity in
regions classified as Priority I with respect to particulate matter,
except:
(a) That, for cyclone or pulverized fired indirect heat exchangers, a
maximum of forty (40) percent opacity shall be permissible for not
more than two (2) consecutive minutes in any sixty(60) consecutive
minutes;
].:0l5 — 2
-------
(b) That, for stoker fired indirect heat exchangers, a maximum of
forty (40) percent opacity shall be permissible for not more than
six (6) consecutive minutes in any sixty (60) consecutive minutes
during cleaning the fire box or blowing soot and, for indirect
heat exchangers with stationary grates, a maximum of forty (40)
percent opacity shall be permissible during cleaning of the grates
for not more than three (3) consecutive minutes in any sixty (60)
consecutive minutes for each section of grates that are clean.?- ),
(C) For emissions from an indirect heat exchanger during building a
new fire for the period required to bring the boiler up to
operating conditions provided the method used is that recommended
by the manufacturer and the time does not exceed the
manufacturer s recommendation.
(3) Emissions which exhibit greater than forty(40) percent opacity in
regions classified as Priority II or III with respect to particulate
matter except:
(a) That, for cyclone or pulverized fired indirect heat exchangers, a
maximuni of sixty (60) percent opacity shall be permissible for not
more than two (2) consecutive minutes in any sixty (60)
consecutive minutes;
(b) That, for stoker fired indirect heat exchangers, a maximum of
sixty (60) percent opacity shall be permissible for not more than
six (6) consecutive minutes in any sixty (60) consecutive minutes
during cleaning the fire box or blowing soot and, for indirect
heat exchangers with stationary grates, a maximum of sixty (60)
consecutive minutes for each section of grates that are cleaned.
Cc) For emissions from an indirect heat exchanger during building a
new fire for the period required to bring the boiler up to
operating conditions provided the method used is that recommended
by the manufacturer and the time does not exceed the
manufacturer’ s recommendation.
(4) The emission limitations contained in othei subsections ot this section
shall not apply to any affected facility (with more than 250 rnillion BTU
per hour heat input capacity which was in being or under construction
before August 17, 1971, or any affected facility with 250 million BTU
per hour capacity or less which was in being or under constructed piior
to April 9, 1972) if that affected facility was in compliance priol. to
April 9, 1972, with, or has a valid permit to operate within the
provisions of the previous Kentucky Air Pollution Control Commissions
Regulation No. 7 entitled ‘Prevention and Control of Emissions of
Particulate Matter from Combustion of Fuel to Indirect Heat Exchangers.”
These affected facilities shall comply with the emission limitations in
that regulation except that replacement of the particulate emissions
control device associated with the affected facility shall subject it to
the standard contained in this section.
Section 5. Standard for Sulfur Dioxide.
(1) Except as provided for in Section 3(3) and subsection (5) of this
section, no owner or operator of an affected facility subject to the
provisions of this regulation shall cause to be discharged into the
atmosphere from that affected facility, any gases which contain sulfui
dioxide in excess of that specified in Appendix B of this regulation
(2) When different fuels are burned simultaneously in any combination, the
applicable standard shall be determined by proration using the following
formula:
61:015 - 3
-------
Allowable Sulfur Dioxide Emission, lb/MN BTU = v(a) + z(h )
y+z
Where:
y = the percent of total heat input derived from liquid oi
gaseous fuel;
z = the percent of total heat input derived from solid fuel;
a = the allowable sulfur dioxide emission in pounds per million
BTU heat input derived from liquid or gaseous fuel; and
b = the allowable sulfur dioxide emissions in pounds per million
BTU heat input derived from solid fuel.
(3) Compliance shall be based on the total heat input from all fuels buined,
including gaseous fuels.
(4) In counties classified as VA with respect to sulfur dioxide, for sources
having a total heat input greater than fifteen hundred million BTU per
hour (1500 MMBTU/hr.) as determined by Section 3(1), no owner or
operator shall allow the annual average sulfur dioxide emission rate
from all existing and new affected facilities combined at the souice to
exceed 0.60 pounds per million BTtJ.
(5) In counties classified as IA with respect to sulfur dioxide, at sources
having a total rated heat input greater than fifteen hundred million BTU
per hour (1500 MN BTU/hr.) as determined by Section 3(1), the department
shall allow one (1) affected facility, as specified on the operating
permit, to emit sulfur dioxide at a rate not to exceed a tweiity-tcui
(24) hour average of 8.0 pounds per million BTU, during those p. iicd t
time when the affected facility is being operated for the purpose of
generating high sulfur dioxide content flue gases for use in any
experimental sulfur dioxide removal system.
Section 6. Monitoring of Operations.
(1) The sulfur content of solid fuels, as burned, shall be determined in
accordance with the methods specified by the department.
(2) The sulfur content of liquid fuels, as burned, shall be determined in
accordance with the methods specified by the department.
(3) The rate of fuel burned for each fuel shall he measured daily oi at
shorter intervals and recorded. The heating value and ash content or
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.
(4) The owner or operator of any indirect heat exchanger of more than 250
million BTU per hour heat input sub)ect to the provisions ot this
regulation and summarized monthly. The record of any such
measurement(s) required by this regulation and summarized monthly.
(5) The department may require for any indirect heat exchanger of less than
250 million BTU per hour heat input any or all the fuel monitoring
required by this section.
(6) For an indirect heat exchanger that does not use a flue gas
desulfurization device, a continuous monitoring system as specified in
401 KAR 61:005 for measuring sulfur dioxide, a continuous monitoring
61:015 — 4
-------
system as specified in 401 KAR 61:005 for measuring sulfur dioxide
emissions is not required if the owner or operator monitors such
emissions by fuel sampling and analysis pursuant to Section ‘7(6) of 401
KAR 59:015.
Section 7. Test Methods and Procedures.
(1) Except as provided in 401 KAR 50:045, performance tests used to
demonstrate compliance with Sections 4 and S shall be conducted
according to the following methods (filed by reference in 401 KAR
50:015):
(a) Reference Method I for the selection of sampling site and sample
traverses;
(b) Reference Method 3 for gas analysis to be used when applying
Reference Methods 5, 6, and 7;
Cc) Reference Method 5 for the concentration of particulate mattei ai&U
the associated moisture content;
(d) Reference Method 6 for the concentration of sulfur dioxide; and
Ce) Reference Method 7 for the concentration of nitrogen oxides.
(2) For Reference Method 5, Reference Method 1 shall be used to select the
sampling site and the number of traverse sampling points. The sampling
time for each run shall be at least sixty (60) minutes and the minimum
sampling volume shall be 0.85 dscm (thirty (30) dscf) except that
smaller sampling times or volumes, when necessitated by process
variables or other factors, may be approved by the department. The
probe and filter holder heating systems in the sampling train shall he
set to provide a gas temperature no greater than 160 ‘C (320 F).
(3) For Reference Methods 6 and 7, the sampling site shall be the same as
that selected for Reference Method 5. The sampling point in the duct
shall be at the centroid of the cross section or at a point no closci to
the walls than one (1) rn (3.28 ft). For Reference Method 5, the arn -1e
shall be extracted at a rate proportional to the gas velocity at ti-c
sampling point.
(4) For Reference Method 6, the minimum sampling time shall he twenty 20)
minutes and the minimum sampling volume shall be 0.02 dscm (0 71. dsct
for each sample. The arithmetic mean of two (2) samples shall
constitute one (1) run. Samples shall be taken at approximately thirty
(30) minute intervals.
(5) For Reference Method 7, each run shall consist of at least four (4) giab
samples taken at approximately fifteen (15) minute intervals. The
arithmetic mean of the samples taken shall constitute the run value.
(6) For each run using the methods specified by subsection (1) (ci, (di , and
Ce) of this section, the emissions expressed in g/million cal
(lb/million BTU) shall be determined by the following equation:
E=CF 20.9
20.9 — %02
Where:
E = pollutant emission, g/million cal (lb/million BTU).
C = pollutant concentration, g/dscm (lb/dscf) determined by Reference
Method 5, 6 or 7.
61:015 — S
-------
F = a factor as determined in 401 KAR 59:015, Section
= oxygen content by volume (expressed as percent), dry basis.
Percent oxygen shall be determined by using the integrated o giab
sampling and analysis procedures for Reference Method 3 as
applicable. The sample shall be obtained as follows:
(a) For determination of sulfur dioxide and nitrogen oxides emissions,
the oxygen sample shall be obtained simultaneously at the same
point for Reference Method 6 and 7 determinations, respectively.
For Reference Method 7, the oxygen sample shall be obtained using
the grab sampling and analysis procedures for Reference Method 3.
(b) For determination of particulate emissions, the oxygen sample
shall be obtained simultaneously by traversing the duct at the
same sampling location used for each run of Reference Method 5
under subsection (2) of this section. Reference Method I shall he
used for selection of the number of traverse points except that no
more than twelve (12) sample points required.
(7) When combinations of fossil fuels are tired, the heat input, expressed
in cal/hr (BTU/hr), shall be determined during each testing period by
multiplying the gross calorific value of each fuel fired by the rate of
each fuel burned. Gross calorific value shall be determined in
accordance with ASTM methods D20l5- 66(72) (solid fuels), D240-64i73 )
(liquid fuels), or Dl826-64(70) (gaseous fuels), as applicable (ASTM
designations filed by reference in 401 KAR 50:015.) The rate of fuels
burned during each testing period shall be determined by suitable
methods and shall be confirmed by a material balance over the steam
generation system.
Section 8. Compliance Timetable.
(1) Affected facilities located in areas designated as attainment foi sulfui
dioxide and/or particulate matter shall be in compliance on the
effective date of this regulation.
(2) (a) In Class IA counties designated as non-attainment for sulfui
dioxide, the owner or operator of any affected facility in any
source whose total rated capacity is sixteen thousand million BTU
per hour (16,000 MM BTU/hr) or more shall be required to complete
the following:
1. Submit a final control plan for achieving compliance with
this regulation no later than May 1, 1978;
2. Award contracts for complying coal by January 1, 1979:
3. Initiate use of complying coal on or before Decemhei 1,
1979;
4. Demonstrate compliance by performance tests on or before
October 1, 1981.
(b) In Class IVA counties designated as non-attainment for sultui
dioxide, the owner or operator of any affected facility in any
source with a total rated capacity of greater than fifteen huntheci
million STU per hour (1500 MM BTU/hr) but less than twenty-one
thousand million BTU per hour (21,000 MM BTU/hr) shall be required
to complete the following:
1. Submit a final control plan for achieving compliance with
this regulation no later than May 1, 1979,
2. Award contracts for complying coal by August 1, 1979;
3. Initiate use of such complying coal on or before January 1,
61:015 — 6
-------
1980.
Cc) In Class IVA counties designated as non-attainment for sulfur
dioxide, the owner or operator of any affected facility in any
source with a total rated capacity of greater than twenty-one
thousand million BTU per hour (21,000 MN BTU/hr) shall be required
to complete the following:
1. Submit a control plan for flue gas desulfuiization and
initiate construction of a coal washing plant on or betoL .
June 1, 1978;
2. Issue invitations for bids for construction and installation
of flue gas desulfurization equipment on or befoic Octobei
1, 1978;
3. Award contract for construction and installation of flue gas
desulfurization equipment on or before March 1, 1979;
4. Initiate construction of flue gas desulfurization equipment
on or before December 1, 1979.
5. Complete construction of coal washing plant on or before
December 1, 1980.
6. Complete construction of flue gas desulfurization equipment
on or before June 1, 1982.
7. Demonstrate compliance by performance tests on or before
September 1, 1982.
(d) The owner or operator of any affected facility located in any area
designated non-attainment for sulfur dioxide and/or particulate
matter, except as provided for in paragraphs (a), (b) and (C) of
this subsection, shall demonstrate compliance with this regulation
as expeditiously as practicable but in no case later than
December 31, 1982.
Effective Date: April 01, 1984
Date Submitted Date Approved Federal
to EPA by EPA Registei.
Original Reg JUN 29. 1979 JAN 25, 1980 45 FR 6092
OCT 31, 1980 45 FR 72153
DEC 24, 1980 45 FR 84999
MAR 22, 1983 48 FR 11945
MAR 23, 1984 49 FR 11090
1st Revision MAY 01, 1984 DEC 04, 1986 51 FR 43472
2nd Revision JUN 15, 1983 APR 02, 1996 61 FR 14489
61:015 - 7
-------
401 KM 61:020. Existing process operations.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Natural Resources
Division of Air Pollution
Relates to: KRS 224.320, 224.330, 224.340
Pursuant to: KI%S 224.033
Necessity and Function: KRS 224.033 requires the Natural Resources and
Environmental Protection Cabinet to prescribe regulations for the prevention,
abatement, and control of air pollution. This regulation provides for the
control of emissions from existing process operations which are not subject to
another particulate emission standard within this chapter.
Section 1. Applicability.
(1) The provisions of this regulation shall apply to each affected facility
or source, associated with a process operation, which is not subject to
another emission ,standard with respect to particulates in this chapter,
commenced before the classification date defined below..
(2) The provisions of this regulation which apply to affected facilities or
sources located in non-attainment areas shall continue to apply to those
affected facilities or sources if the area is redesignated to attainment
or unclassified status in 401 KAR 51:010 or 40 CFR 81.318, unless a
State Implementation Plan which provides for other controls is approved
by the U.S. EPA.
Section 2. DefinitionB.
As used in this regulation, all terms not defined herein shall have the
meaning given them in 401 KM 50:010.
(1) “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.
(2) “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.
(3) “Classification date” means July 2, 1975.
(4) “Process weight rate” means a rate established as follows:
(a) 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;
(b) 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; and
(c) Where the nature of any process operation or the design of any
equipment is such as to permit more than one (1) interpretation of
this definition, the interpretation which results in the minimum
value for allowable emission shall apply.
(5) “Affected facility” as related to process operations means the last
operation preceding the emission of air contaminants which results:
61.020 - 1
-------
(a) In the separation of the air contaminant from the process
materials; or
(b) In the conversion of the process materials into air contaminants,
but does not include an air pollution abatement operation.
(6) “Continuous operation” means a visible emission of particulate matter
which persists for more than three (3) minutes, the opacity of which is
measured in accordance with Reference Method 9, filed by reference in
401 KAR 50:015.
(7) “Intermittent emission” means a visible emission of particulate matter
which persists for three (3) minutes or less, the opacity of which is
measured in accordance with Kentucky Method lSO(F-l), filed by reference
in 401 KAR 50:015.
Section 3. Standard For Particulate Matter.
(1) Opacity standard.
(a) no person shall cause, suffer, allow or permit any continuous
emission into the open air from a control device or stack
associated with any affected facility which is equal to or greater
than forty (40) percent opacity.
(b) No person shall cause, suffer, allow or permit any continuous or
intermittent fugitive emission into the open air from any affected
facility or source located in any area designated non-attainment
for total suspended particulates under 401 KAR 51:010 which is
equal to or greater than twenty (20) percent opacity, or which
remains visible beyond the lot line of the property on which the
emission originates.
Cc) Variation with the standards specified in paragraph (d) of this
subsection, when supported by adequate technical information, will
be considered by the cabinet on a case-by-case basis to allow for
technological or economical circumstances which are unique to a
source, provided that such a variance has been approved by the
U.S. EPA.
(2) Mass emission standard.
(a) For emissions from a control device or stack, no person shall
cause, suffer, allow or permit the emission into the open air of
particulate matter from any affected facility which is in excess
of the quantity specified in Appendix A of this regulation.
(b) An affected facility may elect to substitute the following
standards in lieu of the value given in Appendix A:
1. A maximum exit particulate emission concentration of 0.02
grains per standard cubic foot;
2. Air pollution control equipment of at least ninety-seven
(97) percent actual efficiency; and
3. Addition of dilution air shall not constitute compliance.
Section 4. Test Methods and Procedures.
Except as provided in 401 KAR 50:045, performance tests used to demonstrate
compliance with Section 3 of this regulation shall be conducted according to
the following methods (Kentucky Methods 50 and 150 (F-l) and other methods are
filed
by reference in 401 KAR 50:015:
(1) Kentucky Method 50 for sources located in or having a significant impact
upon non-attainment areas for total suspended particulates as designated
61.020 - 2
-------
in 401 KAR 51:010, and Reference Method 5 for sources located in all
other areas, for the emission rates of particulate matter and the
associated moisture content.
(2) Reference Method 2. for sample and velocity traverses.
(3) Reference Method 2 for velocity and volumetric flow rates.
(4) Reference Method 3 for gas analysis.
(5) Reference Method 9 for opacity of continuous emissions.
(6) Kentucky Method 150 (F-i) for opacity of intermittent emissions.
(7) For Kentucky Method 50 and Reference Method 5, Reference Method 1 shall
be used to select the sampling site and the number of traverse sampling
points. The sampling time for each run shall be at least sixty (60)
minutes and the minimum sampling volume shall be 0.85 dscm (thirty (30)
dscf) except that smaller sampling time or volumes, when necessitated by
process variables or other factors, may be approved by the cabinet.
Effective date: April 14, 1988
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 JAN 04, 1980 45 FR 6092
DEC 24, 1980 45 FR 84999
1st Revision DEC 09, 1982 DEC 04, 1986 5]. FR 43472
2nd Revision SEP 19, 1986 M74Y 04, 1989 54 FR 19169
3rd Revision JUL 07, 1988 FEB 07, 1990 55 FR 4169
6: .‘)20 - 3
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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
60,000
70,000
80,000
90,000
100, 000
120,000
140,000
160,000
200, 000
1,000, 000
2,000, 000
6,000,000
Appendix A to 401 KAR 61:020
Allowable Rate of Particulate Emission
Based on Process Weight Rate
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
1,000.00
3,000.00
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
Interpolation of the data for process weight rates up to 60,000 lb/hr. shall
be accomplished by use of the equation E = 4.10 0.67 and interpolation and
extrapolation of the data for process weight rates in excess of 60,000 lb/hr.
shall be accomplished by use of the equation E = 55.OP 0.11 -40, where E =
rate of emission in lb/hr. and P = process weight rate in tons/hr.
Maximum Allowable
Process
Weight
Rate
Emission Rate
Lb/Hr.
Tons/Hr.
Lb/Hr.
or less
or
less
61.020 - 4
-------
401 KAR 61:025. Existing kraft (sulfate) pulp mills.
NATURAL RESOURCES ND ENVIRONMENTAL PROTECTION CABINET
Department for Natural Resources
Division of Air Pollution
Relates to: KRS Chapter 224
Pursuant to: 224.10-100
Necessity and Function: KRS 224.10-100 requires the Department for Natural
Resources and Environmental Protection to prescribe regulations for the
prevention, abatement, and control of air pollution. This regulation provides
for the control of emissions from existing kraft (sulfate) pulp mills.
Section 1. Applicability.
The provisions of this regulation shall apply to each affected facility which:
(1) Is associated with a kraft (sulfate) pulp mill;
(2) Is not subject to another standard of performance within this chapter
with respect to particulates or total reduced sulfur;
(3) Commenced before the classification date defined below.
Section 2. Definitions.
As used in this regulation, all terms not defined herein shall have the
meaning given to them in 401 KAR 50:010.
(1) “Total reduced sulfur (TRS)” means all reduced sulfur compounds
including but not limited to hydrogen sulfide, methyl mercaptan,
dimethyl sulfide and dimethyl disulfide expressed in terms of hydrogen
sulfide.
(2) “Classification date” means April 9, 1972.
Section 3. Standard for Particulate Matter. No person shall cause, suffer,
allow or permit particulate emissions from the following affected facilities
in excess of:
(1) Recovery furnace: 3.5 pounds per ton of equivalent unbleached air dried
pulp produced;
(2) Lime kilns: 1.0 pounds per ton of equivalent unbleached air dried pulp
produced;
(3) Dissolving smelt tanks: 0.5 pounds per ton of equivalent unbleached air
dried pulp produced;
(4) n emission equal to or greater than forty (40) percent opacity.
Section 4. Standard for Total Reduced Sulfur (TRS).
(1) No person shall cause, suffer, allow or permit total reduced sulfur
emissions from the recovery furnace of any kraft (sulfate) pulp mill in
excess of an exit stack gas concentration of fifteen (15) parts per
million by volume expressed as an arithmetic average over any
consecutive twenty-four (24) hour period.
(2) No person shall cause, suffer, allow or permit total reduced sulfur
emissions from the recovery furnace of any kraft pulp mill in excess of
an exit stack gas concentration of forty (40) parts per million by
volume for more than sixty (60) total minutes in any twenty-four (24)
hour period.
61.025 - 1
-------
(3) No person shall cause, suffer, allow or permit the emissions of various
noncondensable gas streams from digester relief, blow tank relief,
evaporator hot wells, or multiple 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.
(4) Control of other points of emission of total reduced sulfur, shall be
considered on an individual basis as determined by the department.
Section 5. Test Methods and Procedures.
Except as provided in 401 KAR 50:045, performance tests used to demonstrate
compliance with Sections 3 and 4 shall be conducted according to the following
methods (filed by reference in 401 KAR 50:015);
(1) Reference Method 5 for the emission rates of particulate matter and the
associated moisture content.
(2) Reference Method 1 for sample and velocity traverses.
(3) Reference Method 2 for velocity and volumetric flow.
(4) Reference Method 3 for gas analysis.
(5) Reference Method 9 for visible emissions.
(6) Reference Method 16 for the concentration of TRS. All concentrations of
TRS from the lime kiln and recovery furnace that are measured as
required by this subsection shall be corrected to ten (10) percent by
volume oxygen and eight (8) percent by volume oxygen, respectively, when
the oxygen concentrations exceed these values.
(7) Reference Method 17 (in-stack filtration) may be used as an alternative
method for Reference Method 5 provided that a constant value of 0.009
g/dscm (0.004 gr/dscf) is added to the results of Reference Method 1 and
the stack temperature is no greater than 205 °C (400 °F).
(8) For particulate tests, the sampling time for each run shall be at least
sixty (60) minutes and the sampling rate shall be at least 0.85 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.
Water shall be used as the clean up solvent instead of acetone in the
sample recovery procedure outlined in Reference Method 5 or 17.
Effective Date: June 6, 1979
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 DEC 24, 1980 45 FR 84999
1st Revision DEC 15, 1981 MAY 26, 1982 47 FR 22955
61.025 - 2
-------
401 ICAR 61:030. Existing sulfuric acid plants.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Natural Resources
Division of Air Pollution
Relates to: KRS Chapter 224
Pursuant to: 224.10-100
Necessity and Function: KRS 224.10-100 requires the Department for Natural
Resources and Environmental Protection to prescribe regulations for the
prevention, abatement, and control of air pollution. This regulation provides
standards of performance for existing sulfuric acid plants.
Section 1. Applicability.
The provisions of this regulation shall apply to affected facilities
associated with sulfuric acid plants commenced before the classification date
defined below.
Section 2. Definitions.
As used in this regulation, all terms not defined herein shall have the
meaning given them in 401 KAR 50:010. “Classification date” means August 17,
1971.
Section 3. Standard for Sulfuric Acid Mist.
No person shall cause, suffer, allow or permit the following emissions into
the open air:
(1) Sulfuric acid mist in the effluent in excess of 0.50 pounds per ton of
acid produced, the production being expressed as 100 percent sulfuric
acid.
(2) A visible emission which is greater than twenty (20) percent opacity.
Section 4. Standard for Sulfur Dioxide.
No person shall cause, suffer, allow or permit the following emission into the
open air: Sulfur dioxide in the effluent in excess of 27.6 pounds per ton of
acid produced, the production being expressed as 100 percent sulfuric acid.
Section 5. Test Methods and Procedures.
(1) The reference methods as defined in Appendix A of 40 CFR 60, filed by
reference in 401 KAR 50:015, except as provided in 401 KAR 50:045, shall
be used to determine compliance with the standards prescribed in
Sections 3 and 4:
(a) Reference Method 8 for the concentration of sulfur dioxide and
acid mist;
(b) Reference Method 1 for sample and velocity traverses;
Cc) Reference Method 2 for velocity and volumetric flow rate; and
Cd) Reference Method 3 for gas analysis.
(2) The moisture content can be considered to be zero. For Reference Method
8 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.
(3) Acid production rate, expressed in metric tons per hour of 100 percent
sulfuric acid shall be determined during each testing period by suitable
methods and shall be confirmed by a material balance over the production
61.030 - 1
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system.
(4) Acid mist and sulfur dioxide emissions, expressed in g/metric ton of 100
percent sulfuric acid shall be determined by dividing the emission rate
in g/hr by the acid production rate. The emission rate shall be
determined by the equation g/hr (QS) Cc), where QS = volumetric flow rate
of the effluent in dscm/hr as determined in accordance with subsection
(1) Cc) of this section, and c = acid mist and sulfur dioxide
concentrations in g/dscm as determined in accordance with subsection
(1) (a) of this section.
Effective Date: June 6, 1979
Date Submitted Date approved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 OCT 31, 1980 45 FR 72153
DEC 15, 1981 MAY 26, 1982 47 FR 22955
MAR 22, 1983 48 FR 11945
61.030 - 2
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401 KAR 61:035. Existing process gas streams.
NATtJRAL RESOURCES P 4 ND ENVIRONMENTAL PROTECTION CABINET
Department for Natural Resources
Division of Air Pollution
Relates to: KRS Chapter 224
Pursuant to: 224.10-100
Necessity and Function: KRS 224.10-100 requires the Department for Natural
Resources and Environmental Protection to prescribe regulations for the
prevention, abatement, and control of air pollution. This regulation provides
for the control of emissions from existing process gas streams.
Section 1. Applicability.
The provisions of this regulation shall apply to each affected facility which
means any process gas stream which:
(1) Is not elsewhere subject to a standard of performance within this
chapter with respect to hydrogen sulfide, sulfur dioxide, or carbon
monoxide;
(2) Commenced before the classification date defined below;
(3) Emits hydrogen sulfide or sulfur dioxide and is located in a county
classified as Class I or VA with respect to sulfur dioxide;
(4) Emits carbon monoxide generated during the operation of any gray iron
cupola, blast furnace, basic oxygen steel furnace, coal conversion
plants, catalyst regeneration of a petroleum cracking system, or other
petroleum process and is located in an area classified non-attainment
with respect to carbon monoxide in 401 KAR. 51:010.
Section 2. Definitions.
As used in this regulation, all terms not defined herein shall have the
meaning given them in 403. KAR 50:010 or 401 KAR 50:025.
(1) “Classification date” means the effective date of this regulation.
(2) “Process gas stream” means any gas stream emitted from any process,
including, but not limited to, petroleum refineries, by-product coke
plants, gray iron cupolas, blast furnaces, coal conversion plants and
basic oxygen steel furnaces, except process upset gas as defined in this
section and the combustion products of purchased coke oven gas.
(3) “Process upset gas” means any gas generated by a process unit as a
result of startup, shutdown, upset, or malfunction.
(4) “Process unit” means any segment of the plant in which a specific
processing operation is conducted.
Section 3. Standard for Hydrogen Sulfide.
No person shall cause, suffer, allow or permit the emission of combustion of
hydrogen sulfide in a process gas stream to exceed ten (10) grains per 100
dscf (165 ppm by volume) at zero percent oxygen.
Section 4. Standard for Sulfur Dioxide.
No person shall cause, suffer, allow or permit the emission of sulfur dioxide
in a process gas stream to exceed 239 grains per 100 dscf (2,000 ppm by
volume) at zero percent oxygen.
Section 5. Standard for Carbon Monoxide.
No person shall cause, suffer, allow, or permit the emission of carbon
61.035 - 1
-------
monoxide in a process gas stream or a waste gas stream, unless the gases are
burned at 1,300 oF for 0.5 seconds or greater in a direct flame afterburner or
equivalent device equipped with an indicating pyrometer which is positioned in
the working area at the operator’s eye level.
Section 6. Test Methods and Procedures.
Except as provided in 401 KAR 50:045, performance tests used to demonstrate
compliance with Sections 3 and 4 shall be conducted according to the following
methods (filed by reference in 401 KAR 50:015):
(1) Reference Method 11 for hydrogen sulfide. The sample shall be drawn
from a point near the centroid of the gas line. The minimum sampling
time shall be ten (10) minutes and the minimum sample 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.
(2) Reference Method 6 for sulfur dioxide. Reference Method 1 shall be used
for velocity traverses and Reference Method 2 for determining velocity
and volumetric flow rate. The sampling site for determining SO 2
concentration by Reference Method 6 shall be at the centroid of the
cross section or at a point no closer to the walls than one (1) in
(thirty-nine (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 (0.3 dscf)
for each sample. Three (3) runs will constitute compliance test.
Samples shall be taken at approximately one (1) hour intervals.
Section 7. Compliance Timetable.
Those affected facilities subject to the standards in this regulations shall
achieve compliance with those standards within eighteen (18) months of the
effective date of this regulation.
(1) Hydrogen sulfide and sulfur dioxide. The provisions of Sections 3 and 4
re applicable upon the effective date of this regulation with respect
to affected facilities located in counties classified as Class I with
respect to sulfur dioxide. The owner or operator of an affected facility
located in a Class VA county with respect to sulfur dioxide shall be
required to complete the following:
(a) Submit a final control plan for achieving compliance with Sections
3 and 4 no later than September 1, 1979.
(b) Award the control system contract no later than October 1, 1979.
Cc) Initiate on-site construction or installation of emission control
equipment no later than September 1, 1980.
Cd) On-site construction or installation of emission control equipment
shall be completed no later than December 1, 1980.
(2) Carbon monoxide. The owner or operator of an affected facility shall be
required to complete the following;
(a) Submit a final control plan for achieving compliance with Section
5 no later than September 1, 1979.
(b) Award the control system contract no later than October 1, 1979.
Cc) Initiate on-site construction or installation of emission control
equipment no later than 3u1y 1, 1980.
61.035 - 2
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(d) On-site construction or installation of emission control equipment
shall be completed no later than October 1, 1980.
(e) Final compliance shall be achieved no later than December 1, 1980.
Effective Date: April 07, 1982
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 JAN 25, 1980 45 FR 6092
OCT 31, 1980 45 FR 72153
AUG 07, 1981 47 FR 22955
1st Revision SEP 24, 1982 MAR 22, 1983 48 FR 11945
61.035 - 3
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401 K R 61:040. Existing ethylene producing plants.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Natural Resources
Division of Air Pollution
Relates to: KRS Chapter 224
Pursuant to: I RS 13.082, 224.033
Necessity and Function: KRS 224.033 requires the Department for Natural
Resources and Environmental Protection to prescribe regulations for the
prevention, abatement, and control of air pollution. This regulation provides
standards of performance for existing ethylene producing plants.
Section 1. Applicability.
The provisions of this regulation shall apply to each affected facility which
means each waste gas stream of ethylene producing plants commenced before the
classification date defined below, and which are located in a region
classified as Priority I with respect to photochemical oxidants (and
hydrocarbons).
Section 2. Definitions.
As used in this regulation, all terms not defined herein shall have the
meaning given them in 401 ICAR 50:010. “Classification date” means April
9,1972.
Section 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 temperatures of
1,300 oF 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 operator’s
eye level.
Effective Date: June 6, 1979
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 JAN 25, 1980 45 FR 6092
61.040 - 1
-------
401 KAR 61:045. Existing oil-effluent water separators.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Natural Resources
Division of Air Pollution
Relates to: KRS Chapter 224
Pursuant to: KRS 13.082, 224.033
Necessity and Function: KRS 224.033 requires the Department for Natural
Resources and Environmental Protection to prescribe regulations for the
prevention, abatement,and control of air pollution. This regulation provides
for the control of emissions from existing oil-effluent water separators.
Section 1. Applicability.
The provisions of this regulation shall apply to each affected facility
commenced before the classification date defined below which is located:
(1) In an urban county designated non-attainment for ozone under 401 KAR
51:010; or
(2) In any county which is designated non-attainment or unclassified under
401 KAP. 51:010 and is a part of a major source of volatile organic
compounds.
(3) Oil-effluent water separators used exclusively in conjunction with the
production of crude oil shall be exempted from this regulation.
Section 2. Definitions.
As used in this regulation all terms not defined herein shall have the meaning
given them in 401 KAR 50:010.
(1) “Affected facility” means any oil-effluent water separator 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 psia or greater.
(2) “Oil-effluent water separator” means any tank, box, sump, or other
container in which any petroleum or product 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) “Floating roof” means a 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 liquid being contained, and is
equipped with a closure seal or seals to close the space between the
roof edge and vessel wall.
(4) “Classification date” means the effective date of this regulation.
(5) “Vapor recovery system” means a vapor gathering system capable of
collecting all hydrocarbon vapors and gases discharged from a vessel and
a vapor disposal system capable of processing such hydrocarbon vapors
and gases so as to prevent their emission to the atmosphere.
Section 3. Standard for Hydrocarbons.
Any oil-effluent water separator shall be a vessel equipped with a floating
roof, or a vessel equipped with a vapor recovery system, or their equivalent.
All gauging and sampling devices shall be gas tight except when gauging and
sampling is taking place.
61.045 - 1
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Section 4. Compliance Timetable.
(1) An affected facility located in a Priority I Region for hydrocarbons
shall be in compliance on or before the effective date of this
regulation.
(2) The owner or operator of an affected facility located in a Priority III
Region for hydrocarbons shall be required to complete the following:
(a) Submit a final control plan for achieving compliance with this
regulation no later than September 1, 1979.
(b) Award the control device contract no later than December 1, 1979.
(c) Initiate on-site construction or installation of emissions control
equipment no later than March 1, 1980.
Cd) On-site construction or installation of emission control equipment
shall be completed no later than October 1, 1980.
Ce) Final compliance shall be achieved no later than January 1, 1981.
Effective date: June 29, 1979
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 JAN 25, 1980 45 FR 6092
AUG 07, 1981 46 FR 40188
61.045 - 2
-------
401 KAP. 61:050. Existing storage vesBels for petroleum liquids.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Natural Resources
Division of Air Pollution
Relates to: KRS Chapter 224.20-100, 224.20-110, 224.20-120
Pursuant to: }CRS 13.082, 224.10-100
Necessity and Function: KRS 224.10-100 requires the Department for Natural
Resources and Environmental Protection to prescribe regulations for the
prevention, abatement, and control of air pollution. This regulation provides
for the control of emissions from existing storage vessels for petroleum
liquids.
Section 1. Definitions.
As used in this regulation, all terms not defined in this section shall have
the meaning given them in 401 KAR 50:010.
(1) “Affected facility” means a storage vessel for petroleum liquids which
has a storage capacity of greater than 2,195 1 (580 gallons).
(2) “Storage vessel” means any tank, reservoir, or container used for the
storage of petroleum liquids, but does not include:
(a) Pressure vessels are designed to operate in excess of fifteen (15)
pounds per square inch gauge without emissions to the atmosphere
except under emergency conditions;
(b) Subsurface caverns or porous rock reservoirs; or
(c) 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.
(3) “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 2-GT through 4-GT, or diesel fuel oils Numbers 2-D and 4-D as
specified by the department.
(4) “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 redistillation,
cracking, or reforming of unfinished petroleum derivatives.
(5) “Crude petroleum” means a naturally occurring mixture which consists of
hydrocarbons or sulfur, nitrogen or oxygen derivatives of hydrocarbons
and which is at standard conditions.
(6). “Hydrocarbon” means any organic compound consisting predominantly of
carbon and hydrogen.
(7) “Condensate” means hydrocarbon liquid separated from natural gas which
condenses due to changes in the temperature or pressure and remains
liquid at standard conditions.
(9) “True vapor pressure” means the equilibrium partial pressure exerted by
a petroleum liquid as determined in accordance with methods specified by
the department.
(9) “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
61.050 - 1
-------
contained and is equipped with a closure seal or seals to close the
space between the roof edge and tank wall.
(10) “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 these
hydrocarbon vapors and gases so as to prevent their emission to the
atmosphere.
(11) “Reid vapor pressure” is the absolute vapor pressure of volatile crude
oil and volatile petroleum liquids, except liquefied petroleum gases, as
determined by methods specified by the department.
(12) “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 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.
(13) “Classification date” means . pril 9, 1972.
(14) “Custody transfer” means the transfer of produced crude oil 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.
(15) “External floating deck” means a storage vessel cover in an open tank
top consisting of a double deck or pontoon single deck which rests upon
and is supported by the petroleum liquid being contained and is equipped
with closure seals to close the space between the roof edge and tank
shell.
(16) “Internal floating roof” means a cover or roof in a fixed roof tank
which rests upon or is floated upon the petroleum liquid being
contained, and is equipped with closure seals to close the space between
the roof edge and tank shell.
(17) “Liquid-mounted” means a primary seal mounted so that the bottom of the
seal covers the liquid surface between the tank shell and the floating
roof.
(18) “Vapor-mounted” means a primary seal mounted so that there is an annular
vapor space underneath the seal. The annular vapor space is bounded by
the bottom of the vapor seal, the tank shell, the liquid surface, and
the floating roof.
Section 2. Applicability
(1) This regulation shall apply to each affected facility commenced before
the classification date defined in Section 1 of this regulation which is
located in a county or portion of a county which is designated ozone
nonattainment, for any nonattainment classification except marginal,
under 401 KAR 51:010.
(2) This regulation shall not apply to storage vessels located on a farm and
used exclusively for storing petroleum liquids used by the farm.
Section 3. Standard for VOCs.
The owner or operator of any storage vessel to which this regulation applies
shall store petroleum liquids as follows:
C].) If the storage vessel has a storage capacity greater than 151,400 1
(40,000 gallons) and if the true vapor pressure of the petroleum liquid,
61.050 - 2
-------
as stored, is equal to or greater than seventy- eight (78) mm Hg (1.5
psia) but not greater than 574 mm Hg (11.1 psia) the storage vessel
shall be equipped with a floating roof 1 a vapor recovery system, or
their equivalents.
(2) If the storage vessel has a storage capacity greater than 151,400
(40,000 gallons) and if the true vapor pressure of the petroleum liquid
as stored is greater than 574 nun Hg (11.1 psia), the storage vessel
shall be equipped with a vapor recovery system or its equivalent.
(3) If the storage vessel has a storage capacity greater than 2,195 1 (580
gallons), and if the true vapor pressure of the petroleum liquid, as
stored, is equal to or greater than 10.3 kilopascal (1.5 psia), as a
minimum it shall be equipped with a vapor recovery system or its
equivalent.
(4) If the storage vessel is an external floating roof tank with a storage
capacity greater than 151,400 1 (40,000 gallons), it shall be
retrofitted with a continuous secondary seal extending from the floating
roof to the tank wall (a rim-mounted secondary) if:
(a) The tank is welded tank, the true vapor pressure of the contained
liquid is 27.6 kilopascal (4.0 psia) or greater, and the primary
seal is one (1) of the following:
1. A metallic-type shoe seal, a liquid-mounted foal seal, or a
liquid-mounted liquid-filled type seal; or
2. Any other closure device which can be demonstrated
equivalent to the above primary seals.
(b) The tank is a riveted tank and the true vapor pressure of the
contained liquid is 10.3 kilopascal (1.5 psia) or greater.
Cc) The tank is a welded tank, the true vapor pressure of the
contained liquid is 10.3 kilopascal (1.5 psia) or greater and the
primary seal is vapor-mounted. If this primary seal closure
device can be demonstrated equivalent to the primary seals
described in paragraph (a) of this subsection, then the secondary
seal is required if the vapor pressure is 27.6 kilopascal (4.0
psia) or greater.
Section 4. Operating Requirements.
(1) There shall be no visible holes, tears, or other openings in the seal or
any seal fabric.
(2) All openings except stub drains, shall be equipped with covers, lids, or
seals so that:
(a) The cover, lid, or seal is in the closed position at all times
except during actual use;
(b) Automatic bleeder vents are closed at all times, unless the roof
is floated off or landed on the roof leg supports; and
(C) Rim vents, if provided, are set to open when the roof is being
floated of f the roof leg supports or at the manufacturer’s
recommended setting.
(3) External floating roof tanks subject to this regulation shall meet the
additional requirements:
(a) The seals shall be intact and uniformly in place around the
circumference of the floating roof between the floating roof and
the tank wall.
61.050 - 3
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(b) The gap area of gaps exceeding 0.32 cm (one-eight (1/8 in) in
width between the secondary seal installed pursuant to Section
3(4) and the tank wall shall not exceed 6.5 sq. cm./0.3 of tank
diameter (1.0 sq. in/ft).
(c) All openings in the external floating roof, except for automatic
bleeder vents, rim space vents, and leg sleeves, shall provide a
projection below the liquid surface.
Cd) Any emergency roof drain shall be provided with a slotted membrane
fabric cover or equivalent that covers at least ninety (90)
percent of the area of the opening.
Section 5. Monitoring of Operations.
(1) If a liquid having a true vapor pressure greater than 7.0 kPa (1.0 psia)
is stored in an external floating roof tank with a capacity of greater
than 151,400 1 (40,000 gallons) not equipped with a secondary seal or
approved alternative control technology, the owner or operator shall
maintain a record of the average monthly storage temperature, the type
of liquid, and the Reid vapor pressure of the liquid. The owner or
operator shall retain the record for two (2) years after the date on
which the record was made.
(2) The true vapor pressure shall be determined by using the average monthly
storage temperature and typical Reid vapor pressure of the contained
liquid or from typical available data on the contained liquid.
Supporting analytical data shall be requested by the department if there
is a question on the values reported.
Section 6. Compliance Timetable.
(1) The owner or operator of an affected facility that becomes subject to
this regulation on or after the effective date of this regulation shall be
required to complete the following:
(a) A final control plan for achieving compliance with this regulation
shall be submitted no later than three (3) months after the date
the affected facilit becomes subject to this regulation.
(b) The control device contract shall be awarded no later than five
(5) months after the date the affected facility becomes subject to
this regulation.
Cc) On-site construction or installation of emissions control
equipment shall be initiated no later than seven (7) months after
the date the affected facility becomes subject to this regulation.
Cd) On-site construction or installation of emission control equipment
shall be completed no later than eleven (11) months after the date
the affected facility becomes subject to this regulation.
Ce) Final compliance shall be achieved no later than twelve (12)
months after the date the affected facility becomes subject to
this regulation.
Cf) If an affected facility becomes subject to this regulation because
it is located in a county previously designated nonurban
nonattainment or redesignated in 401 KAR 51:010 after November 15,
1990, final compliance may be extended to May 31, 1995, and the
schedule in paragraphs (a) through Cd) of this subsection adjusted
by the cabinet.
61.050 - 4
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Section 7. Exemptions.
Any of the following types of external floating roof tanks storing liquid
petroleum shall be exempt from Section 3(4) as follows:
(1) External floating roof tanks having capabilities less than 1,600,000
(422,000 gallon) used to store produced crude oil and condensate prior
to custody transfer.
(2) A metallic-type shoe seal in a welded tank which has a secondary seal
from the top of the shoe seal to the tank wall (a shoe-mounted secondary
seal).
(3) External floating roof tanks storing waxy, heavy pour crudes.
(4) External floating roof tanks with a closure or other device which can be
demonstrated to the satisfaction of the department to be equivalent to
the seals required in Section 3(4)(a).
Effective Date: JUNE 24, 1992
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 JUN 29, 1979 45 FR 6092
1st Revision FEB 05, 1981 NOV 24, 1981 46 FR 57486
MAR 30, 1983 48 FR 13168
2nd Revision OCT 20, 1992 JUN 23, 1994 59 FR 32345
61.050 - 5
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401 KAR 61 055. Existing loading facilities at bulk gasoline terminals.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Natural Resources
Division of Air Pollution
Relates to: KRS Chapter 224
Pursuant to: KRS 13.082, 224.033
Necessity and Function: KRS 224.033 requires the Natural Resources and
Environmental Protection Cabinet to prescribe regulations for the prevention,
abatement, and control of air pollution. This regulation provides for the
control of emissions from existing loading facilities at bulk gasoline
terminals.
Section 1. Applicability.
The provisions of this regulation shall apply to each affected facility
commenced before the classification date defined below which is located:
(1) In an urban county designated non-attainment for ozone under 401 KAR
51:010; or
(2) In any county which is designated non-attainment or unclassified under
401 KAR 51:010 and is a part of a major source of volatile organic
compounds.
Section 2. Definitions.
As used in this regulation, all terms not defined herein shall have the
meaning given them in 401 KAR 50:010.
(1) “Affected facility” means the facilities at a bulk gasoline terminal for
loading gasoline into tank trucks, trailers, railroad cars, or other
non-marine mobile vessels.
(2) “Bulk gasoline terminal” means a facility for the storage and dispensing
of gasoline where incoming gasoline loads are received by pipeline,
marine tanks or barge, and where outgoing gasoline loads are transferred
by tank trucks, trailers, railroad cars or other non-marine mobile
vessels.
(3) “Gasoline” means any petroleum distillate used as a fuel for internal
combustion engines and having a Reid vapor pressure of 4.0 pounds per
square inch or greater.
(4) “Classification date” means June 29, 1979.
(5) “Kentucky pressure-vacuum test sticker” means a sticker which is issued
each year by the department, in accordance with the provisions of 401
KAR 63:031, to the owner or operator of a gasoline tank truck or which
may be issued by a local air pollution control district within the
Commonwealth of Kentucky with an equivalent regulation approved by the
department and the U.S. EPA.
Section 3. Standard for Volatile Organic Compounds.
(1) No owner or operator of any loading facility shall load gasoline unless
such facility is equipped with a vapor control system which is in good
working order and in operation.
(2) 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 complete drainage before the loading
61.055 - 1
-------
device is disconnected.
(3) No owner or operator shall permit the volatile organic compounds
emissions from the vapor control device to exceed eighty (80) milligrams
per liter of gasoline loaded.
(4) No owner or operator shall open tank hatches or allow hatches to be
opened at any time during loading operations if bottom-fill is
practiced. If top-submerged fill is practiced, the hatch is to be
opened the minimum time necessary to install and remove the submerged
fill pipe and associated vapor collection equipment.
(5) No owner or operator shall permit gasoline to be spilled, discarded in
sewers, stored in open containers, or handled in any other manner that
would result in evaporation.
(6) No owner or operator of a bulk gasoline terminal in an urban county
subject to this regulation shall allow loading on or after December 1,
1982, unless the following provisions are met:
(a) The vapor control system and associated equipment are designed and
operated to prevent gauge pressure in the tank truck from
exceeding 450 mm water (eighteen (18) in. water) and prevent
vacuum from exceeding 150 mm water (six (6) in. water);
(b) A pressure tap or any equivalent system as approved by the
department is installed on the vapor balance system so that a
liquid manometer, supplied by the department, can be connected by
an inspector to the tap in order to determine compliance with
paragraph (a) of this subsection. The pressure tap shall be
installed by the owner or operator as close as possible to the
connection with the delivery tank, and shall consist of a one-
quarter (1/4) inch tubing connector which is compatible with the
use of three-sixteenth (3/16) inch inside diameter plastic tubing;
(c) During loading operations there is no reading greater than or
equal to 100 percent of the lower explosive limit (LEL, measured
as propane) at a distance of 2.5 centimeters around the perimeter
of a potential leak source as detected by a combustible gas
detector using the test procedure referenced in Section 5; and;
(d) The tank truck has a valid Kentucky pressure-vacuum test sticker
as required by 401 KAR 63:031 attached and visibly displayed.
Section 4. Monitoring and Reporting Requirements.
The owner or operator shall conduct such monitoring of operations and submit
records as specified by the department.
Section 5. Compliance.
(1) The design of the vapor control system is subject to the approval of the
department.
(2) The test procedure as defined in Appendix A to “Control of Hydrocarbons
from Tank Truck Gasoline Loading Terminals”, EPA- 450/2-77-026,”(OAQPS
No. 1.2-082, U.S. EPA, Office of Air Quality Planning and Standards),
filed by reference in 401 KP R 50:015, shall be used to determine
compliance with the standard in Section 3. Each bulk gasoline terminal
subject to this regulation shall uses leaktight tank trucks for the
compliance test. For purposes of testing using Appendix A to “Control
of hydrocarbons from Tank Truck Gasoline Loading Terminals (EPA-
450/2-77-026), a leaktight tank truck is one (1) that during loading has
no reading greater than or equal to 100 percent of the lower explosive
61.055 - 2
-------
limit (L 1 EL, measured as propane) at a distance of 2.5 centimeters around
the perimeter of a potential leak source associated with the gasoline
tank truck and its vapor collection system as detected by a combustible
gas detector using the test procedure referenced in subsection (3) of
this section.
(3) The test procedure as defined in ppendix B to “Control of Volatile
Organic Compound Leaks from Gasoline Tank Trucks and Vapor Collection
Systems” (OAQPS 1.2-119, U.S. EPA, Office of Air Quality Planning and
Standards), filed by reference in 401 KAR 50:015, or an equivalent
procedure approved by the department, shall be used by the department to
determine compliance with the standard prescribed in Section 3(6) (c)
during inspections conducted pursuant to KRS 224.033(10) and with the
requirements of subsection (2) of this section.
Section 6. Compliance Timetable.
The owner or operator of an affected facility shall be required to complete
the following:
(1) Submit a final control plan for achieving compliance with this
regulation no later than September 1, 1979.
(2) Award the control system contract no later than January 1, 1980.
(3) Initiate on-site construction or installation of emission control
equipment shall be completed no later than July 1, 1980.
(4) On-site construction or installation of emission control equipment shall
be completed no later than March 1, 1981.
(5) Final compliance shall be achieved no later than December 31, 1982.
Effective date: August 24, 1982
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 JAN 25, 1980 45 FR 6092
AUG 07, 1981 46 FR 40188
1st Revision SEP 24, 1982 MAR 30, 1983 49 FR 13168
61.055 - 3
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401 KAR 61:056. Existing bulk gasoline plants.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department f or Natural Resources
Division of Air Pollution
Relates to: KRS Chapter 224
Pursuant to: KRS 13.082, 224.033
Necessity and Function: KRS 224.033 requires the Natural Resources and
Environmental Protection Cabinet to prescribe administrative regulations for
the prevention, abatement, and control of air pollution. 42 Usc 7410 likewise
requires the state to implement standards for national primary and secondary
ambient air quality. This administrative regulation provides for the control
of volatile organic compounds emissions from existing bulk gasoline plants.
Section 1. Definitions.
As used in this regulation, all terms not defined in this section shall have
the meaning given to them in 401 KAR 61:001.
(1) “Affected facility” means a bulk gasoline plant.
(2) “Bulk gasoline plant” means a facility for the storage and dispensing of
gasoline that employs tank trucks, trailers, or other mobile non-marine
vessels for both incoming and outgoing gasoline transfer operations.
(3) “Gasoline” means any petroleum distillate having a Reid vapor pressure
of 4.0 pounds per square inch or greater used as a fuel for internal
combustion engines.
(4) “Bottom-fill system” means a system of filling transport vehicle tanks
through an opening that is flush with the bottom of the transport
vehicle tank.
(5) “Vapor balance system” means a combination of pipes or hoses which
create a closed system between the vapor spaces of an unloading tank and
a receiving tank such that vapors displaced from the receiving tank are
transferred to the tank being unloaded.
(6) “Submerged fill tube system” means a fill tube the discharge of which is
entirely submerged when the liquid level is six (6) inches above the
bottom of the transport vehicle tank.
(7) “Classification date” means June 29, 1979.
(8) “Transport vehicle” means tank trucks, trailers, railroad or tank cars.
Section 2. Applicability.
This administrative regulation shall apply to each affected facility
commenced before the classification date defined in Section 1 of this
administrative regulation which is located in a county or portion of a county
which is designated ozone nonattainznent, for any nonattainment classification
except marginal, under 401 KAR 51:010.
Section 3. Standard for VOCs.
(1) The owner or operator of an affected facility shall install, maintain,
and operate:
(a) Stationary storage tank control devices according to 401 KAR
59:050 or 401 KAR 61:050.
(b) A vapor balance system or an equivalent control approved by the
61.056 - 1
-------
cabinet and the U.S. EPA for:
1. Filling of stationary storage tanks from transport vehicle
tanks; and
2. Filling of transport vehicle tanks from stationary storage
tanks.
(C) For loading into transport vehicle tanks either:
1. A submerged fill tube system; or
2. A bottom-fill system.
(2) The vapor balance system shall be equipped with fittings which are vapor
tight and automatically close upon disconnection so as to prevent the
release of organic material.
(3) The cross-sectional area of the vapor return hose shall be at least
fifty (50) percent of the cross-sectional area of the liquid fill line
and free of flow restrictions.
(4) Transport vehicle tank hatches shall be closed at all times during
loading operations.
(5) There shall be no leaks from the pressure/vacuum relief valves and hatch
covers of the stationary storage tanks or transport vehicle tanks during
loading.
(6) The pressure relief valves on storage vessels and tank trucks or
trailers shall be set to release at no less than 0.7 psig unless a lower
setting is required by applicable fire codes.
(7) The owner or operator shall not load gasoline into any transport vehicle
or receive gasoline from any transport vehicle which does not have
proper fittings for connection of the vapor balance system, nor shall
the owner or operator load or receive gasoline unless the vapor balance
system is properly connected and in good working order. Except as
provided in subsection (9) of this section the fittings on the transport
vehicle tanks must be vapor tight and automatically close upon
disconnection so as to prevent the release of organic material.
(8) The following shall apply to the loading of a transport vehicle tank by
means of a submerged fill tube system:
(a) When inserted into the tank, the submerged Li].]. tube system must
form a vapor tight seal with the tank.
(b) Tank hatches are to be opened only for the minimum time necessary
to insert or remove the submerged fill tube system.
(9) No owner or operator shall permit gasoline to be spilled, discarded in
sewers, stored in open containers, or handled in any other manner that
would result in evaporation.
(10) No owner or operator of a bulk gasoline plant in an urban county subject
to this regulation shall allow loading or unloading of a tank truck
unless the following provisions are met:
(a) The tank truck has a valid Kentucky pressure-vacuum test sticker
as required by 401 KAR 63:031 attached and visible displayed;
(b) The vapor balance system and associated equipment are designed and
operated to prevent gauge pressure in the tank truck from
exceeding 450 mm water (eighteen (18) in. water) and prevent
vacuum from exceeding 150 mm water (six (6) in. water);
61.056 - 2
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Cc) A pressure tap or any equivalent system as approved by the
department is installed on the vapor balance system so that a
liquid manometer, supplied by the department, can be connected by
an inspector to the tap in order to determine compliance with
paragraph (b) of this subsection. The pressure tap shall be
installed by the owner or operator as close as possible to the
connection with the delivery tank, and shall consist of a one-
quarter (1/4) inch tubing connector which is compatible with the
use of three-sixteenth (3/16) inch inside diameter plastic tubing;
Cd) During loading operations there is no reading greater than or
equal to 100 percent of the lower explosive limit (LEL, measured
as propane) at a distance of 2.5 centimeters around the perimeter
of a potential leak source as detected by a combustible gas
detector using the test procedure referenced in Section 5.
Section 4. The owner or operator may elect to use an alternate control system
if it can be demonstrated to the department’s satisfaction that the
alternative system will achieve equivalent control efficiency.
Section 5. Compliance. The test procedure as defined in I ppendix B to
“Control of Volatile Organic Compound Leaks from Gasoline Tank Trucks and
Vapor Collection Systems” (OAQPS 1.2-119, U.S. EPA, Office of Air Quality
Planning and Standards), which has been incorporated by reference in 401 KA
50:015, or an equivalent procedure approved by the department, shall be used
by the department to determine compliance with the standard prescribed in
Section 3(10) (d) of this administrative regulation during inspections
conducted pursuant to KRS 224.10-100(10).
Section 6. Compliance Table. (1) Affected facilities which were subject to
this administrative regulation as in effect on August 24, 1982, shall have
achieved final compliance.
(2) The owner or operator of an affected facility that becomes subject to this
administrative regulation on or after the effective date of this
administrative regulation shall be required to complete the following:
(a) Submit a final control plan for achieving compliance with this
administrative regulation no later than eight (8) months after the
affected facility becomes subject to this administrative regulation.
(b) Award the control system contract no later than nine (9) months
after the date the affected facility becomes subject to this
administrative regulation.
(c) Initiate on-site construction or installation of emission control
equipment no later than ten (10) months after the date the affected
facility becomes subject to this administrative regulation.
Cd) On-site construction or installation of emission control equipment
shall be completed no later than eleven (11) months after the date the
affected facility becomes subject to this administrative regulation.
Ce) Final compliance shall be achieved no later than twelve (12) months
after the date affected facility becomes subject to this administrative
regulation.
Section 7. Exemptions. An affected facility shall be exempt from this
administrative regulation if the throughput is less than 4,000 gal/day. A
rolling thirty (30) day average shall be allowed for determining
applicability.
61.056 - 3
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Effective date:
September 28, 1994
Date Submitted
to EPA
Date Approved
by EPA
Original Reg
1st Revision
2nd Revision
JUN 29, 1979
SEP 24, 1982
DEC 29, 1994
JAN 25, 1980
AUG 07, 1981
MAR 30, 1983
JUN 28, 1996
45 FR 6092
46 FR 40188
48 FR 13168
61 FR 33674
Federal
Register
61.056 - 4
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401 KAR 61:060. ExiBting B0U C B uBing organic BolVefltB.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Natural Resources
Division of Air Pollution
Relates to: KRS Chapter 224
Pursuant to: KRS 13.082, 224.033
Necessity and Function: KRS 224.033 requires the Department for Natural
Resources and Environmental Protection to prescribe regulations for the
prevention, abatement, and control of air pollution. This regulation provides
for the control of emissions from existing sources using any organic solvents.
Section 1. Applicability.
(1) The provisions of this regulation shall apply to any affected facility:
(a) Located in a Priority I Region for photochemical oxidants which
commenced before the classification date defined below;
(b) Located in a Priority III Region for photochemical oxidants which
commenced before the classification date defined below but on or
after April 9, 1972.
(2) The provisions of this regulation shall not apply to:
(a) The manufacture of organic solvents or the transport, loading, or
storage of organic solvents or materials containing organic
solvents;
(b) The spraying or other employment of insecticides, pesticides, or
herbicides;
Cc) The employment, application, evaporation or drying of saturated
halogenated hydrocarbons or perchlorethylene;
Cd) The use of any material in affected facility described in
subsection (1) of this section if the volatile content consists of
non-photochemically reactive solvent comprising not more than
thirty (30) percent by volume of the material as applied;
(e) The use of any material in any affected facility described in
subsection (1) of this section 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;
(f) The use of equipment for which other requirements are specified by
are regulations of the Division of Air Pollution or which are
exempt from air pollution control requirements;
(g) The emergency release of organic material due to over
pressurization provided that the vents are equipped with
self-closing pressure relief valves or equivalent devices.
Rupture discs are not acceptable as pressure relief valves.
Section 2. Definitions.
As used in this regulation, all terms not defined herein shall have the
meaning given them in 401 KAR 50:010.
(1) “Affected facility” means any article, machine, equipment, or other
contrivance used for employing or applying:
(a) Any organic solvent which is photochemically reactive or material
61.060 - 1
-------
containing such photochemically reactive solvent; or
(b) Any organic solvent, regardless of photochemical reactivity, which
is baked, heat-cured, or heat polymerized in the presence of
oxygen;
(2) “Organic materials” means chemical compounds of carbon excluding,
methane, ethane, carbon monoxide, carbon dioxide, carbonic acid,
metallic carbides, and ammonium carbonate;
(3) “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 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 Fahrenheit;
(4) “Photochemically reactive solvent” means any solvent with an aggregate
of more than twenty (20) percent of its total volume composed of the
chemical compounds classified below or which exceeds any of the
following individual percentage composition limitations, referred to the
total volume of solvent;
(a) A combination of hydrocarbons, alcohols, aldehydes, esters,
ethers, or ketones having an olefinic or cyclo-olefinic type of
unsaturation; five (5) percent;
(b) A combination of aromatic compounds with eight (8) or more carbon
atoms to the molecule except that ethylbenzene; eight (8) percent;
(c) A combination of ethylbenzene, ketones having branched hydrocarbon
structures, trichioroethylene or toluene; twenty (20) percent;
(d) 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.
(5) “Classification date” means the effective date of this regulation.
Section 3. Standard for Organic Material.
Cl) 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 at least eighty-five (85) percent by
weight.
(2) 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 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 organic material to the facility shall be included
with other emissions of organic materials from that affected facility
for determining compliance with this regulation.
(3) Emissions of organic materials into the atmosphere required to be
controlled by subsections (3.) and (2) of this section shall be reduced
by:
(a) Incineration, provided that ninety (90) percent or more of the
carbon in the organic material discharged from an affected
61.060 - 2
-------
facility is oxidized to carbon dioxide;
(b) Adsorption; or
(c) Modifying processing procedures, equipment and/or materials in
such a manner so as to achieve no less than the degree of control
of organic solvents required. The implementation of such
modifications in lieu of compliance with subsections (1) and (2)
of this section shall require the express prior approval of the
department.
(4) A person incinerating, adsorbing, 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.
(5) Any person using organic solvents or any material containing 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.
(6) The owner or operator of an affected facility may apply to the
department for approval of an emissions reduction plan as an alternative
to the standards set forth in subsection (1) of this section. The
department may approve the application if the owner or operator
demonstrates:
(a) That compliance with the standards contained in subsection (1) of
this section is technically or economically infeasible; and
(b) That any emissions in excess of those allowed for the affected
facility will be compensated by reducing emissions from other
facilities at the source below the allowable organic material
emissions from other facilities at the source below the allowable
organic material emission rates or by reducing emissions of
organic material from non-regulated facilities within the source.
(7) The plan of emissions reduction approved pursuant to subsection (6) of
this section shall be included as a condition to permit to operate the
source and shall be approved by the U.S. Environmental Protection
Agency.
Section 4. Compliance.
(1) In all cases the design of any control system is subject to approval by
the department.
(2) compliance with the standard in Section 3 shall be demonstrated by a
material balance except in those cases where the department determines
that a material balance is not possible. For those cases where a
material balance is not possible, compliance will be determined based on
engineering analysis by the department of: the control system design,
control device efficiency, control system capture efficiency and any
other factors that could influence the performance of the system. If so
requested by the department, performance tests as specified by the
department shall be conducted in order to determine the efficiency of
the control device.
Effective Date: June 29, 1979
61.060 - 3
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Date Submitted Date . pproved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 J N 25, 1980 45 FR 6092
61.060 - 4
-------
401 KAR 61:065. Existing nitric acid plants.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Natural Resources
Division of Air Pollution
Relates to: KRS Chapter 224
Pursuant to: KRS 13.082, 224.033
Necessity and Function: KRS 224.033 requires the Department for Natural
Resources and Environmental Protection to prescribe regulations for the
prevention, abatement, and control of air pollution. This regulation provides
for the control of emissions from existing nitric acid plants.
Section 1. Applicability.
The provisions of this regulation shall apply to each affected facility which
means each nitric acid production unit commenced before the classification
date defined below.
Section 2. Definitions.
As used in this regulation, all terms not defined herein shall have the
meaning given them in 401 KAR 50:010.
(1) “Nitric acid production unit” means any facility producing weak nitric
acid by either the pressure or atmospheric pressure process.
(2) “Weak acid production unit” means acid which is thirty (30) to seventy
(70) percent by weight in strength.
(3) “Classification date” means August 17, 1971.
Section 3. Standard for Nitrogen Oxides.
On and after the date on which the performance test required to be conducted
by 401 KAR 61:005, Section 2, 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:
(1) Contain nitrogen oxides, expressed as nitrogen dioxide, in excess of 2.9
kg per metric ton of acid produced (5.8 lb. per ton), the production
being expressed as 100 percent nitric acid.
(2) Exhibit ten (10) percent opacity, or greater. -
Section 4. Test Methods and Procedures.
(1) The reference methods as defined in Appendix A of 40 CFR 60, filed by
reference in 401 KAR 50:015, except as provided for in 401 KAR 50:045,
shall be used to determine compliance with the standard prescribed in
Section 3 as follows:
(a) Reference Method 7 for the concentration of nitrogen oxides;
(b) Reference Method 1 for sample and velocity traverses;
Cc) Reference Method 2 for velocity and volumetric flow rate; and
Cd) Reference Method 3 for gas analysis.
(2) The sampling point shall be the center of the stack or duct at a point
no closer to the walls than one (1) meter (3.28 feet). 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.
61.065 - 1
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(3) 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.
(4) For each run, nitrogen oxides, expressed in 9/metric ton of 100 percent
nitric acid, shall be determined by dividing the emission rate in 9/hour
by the acid production rate. The emission rate shall be determined by
the equation:
g/hr = (Qx) Cc)
where:
Qx = volumetric flow rate of the effluent in dscm/hr, and
c = nitrogen oxides concentration in g/dscm.
Effective date: une 6, 1979
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 JUL 12, 1982 47 FR 30059
61.065 - 2
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401 ICAR 61:070. Existing ferroalloy production facilities.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Natural Resources
Division of Air Pollution
Relates to: KRS Chapter 224
Pursuant to: KRS 13.082, 224.033
Necessity and Function: KRS 224.033 requires the Department for Natural
Resources and Environmental Protection to prescribe regulations for the
prevention, abatement,and control of air pollution. This regulation provides
for control of emissions from existing ferroalloy production facilities.
Section 1. Applicability.
The provisions of this regulation are applicable to the following affected
facilities commenced before the classification date defined below: electric
submerged arc furnaces which produce silicon metal, ferrosilicon, calcium
silicon, silicomanganese zirconium, ferrochrome silicon, silvery iron,
high-carbon ferrochrome, charge chrome, standard ferromanganese,
silicomanganese, ferromanganese silicon, or calcium carbide; and dust-handling
equipment.
Section 2. Definitions.
As used in this regulation, all terms not defined herein shall have the
meaning given them in 401 KAR 50:010.
(1) “Electric submerged arc furnace” means any furnace wherein electrical
energy is converted to heat energy by transmission of current between
electrodes partially submerged in the furnace charge.
(2) “Furnace charge” means any material introduced into the electric
submerged arc furnace and may consist of, but is not limited to ores,
slags, carbonaceous material, and limestone.
(3) “Product change” means any change in the composition of the furnace
charge that would cause the electric submerged arc furnace to become
subject to a different mass standard applicable under Section 3.
(4) “Slag” means the more or less completely fused and vitrified matter
separated during the reduction of metal from its ore.
(5) “Tapping” means the removal of slag or product from the electric
submerged arc furnace under normal operating conditions as removal of
metal under normal pressure and movement by gravity down the spout into
the ladle.
(6) “Tapping period” means the time duration from initiation of the process
of opening the tap hole until plugging of the tap hole is complete.
(7) “Furnace cycle” means the time period from completion of a furnace
product tap to the completion of the next consecutive product tap.
(8) “Tapping station” means that general area where molten product or slag
is removed from the electric submerged arc furnace.
(9) “Blowing tap” means any tap in which an evolution of gas forces or
projects jets of flame or metal sparks beyond the ladle, runner or
collection hood.
(10) “Furnace power input” means the resistive electrical power consumption
of an electric submerged arc furnace as measured in kilowatts.
61.070 - 1
-------
(11) “Dust-handling equipment” means any equipment used to handle particulate
matter collected by the air pollution control device (and located at or
near such device) serving any electric submerged arc furnace subject to
this regulation.
(12) “Control device” means the air pollution control equipment used to
remove particulate matter generated by an electric submerged arc furnace
from an effluent gas stream.
(13) “Capture system” means the equipment (including hoods, ducts, fans,
dampers, etc.) used to capture or transport particulate matter generated
by an affected electric submerged arc furnace to the control device.
(14) “Standard ferromanganese” means that alloy as defined herein by ASTM
A-99-66(71) (ASTM designations are filed by reference in 401 KAR 50:015.
(15) “Silicomanganese” means that alloy as defined by ASTM .A-483- 64 (74).
(16) “Calcium carbide” means material containing seventy (70) to eighty-five
(85) percent calcium carbide by weight.
(17) “High-carbon ferrochrome” means that alloy as defined herein by ASTM
A-lOl-73 grade HC1 through HC6.
(18) “Charge chrome” means that alloy containing fifty-two (52) to seventy
(70) percent by weight chromium, five (5) to eight (8) percent by weight
carbon, and three (3) to six (6) percent by weight silicon.
(19) “Silvery iron” means any ferrosilicon, as defined by ASTM A- 100-69(74),
which contains less than thirty (30) percent silicon.
(20) “Perrochrome silicon” means that alloy as defined by ASTM A-482-66 (71).
(21) “Silicomanganese zirconium” means that alloy containing sixty (60) to
sixty-five (65) percent by weight silicon, 1.5 to 2.5 percent by weight
calcium, five (5) to seven (7) percent by weight zirconium, 0.75 to 1.25
percent by weight aluminum, five (5) to seven (7) percent by weight
manganese, and two (2) to three (3) percent by weight barium.
(22) “Calcium silicon” means that alloy as defined by ASTM A-495- 64 (70).
(23) “Ferrosilicon” means that alloy as defined by ASTM A-lOO- 69(74) grades
A,B,C,D, and E which contains fifty (50) or more percent by weight
silicon.
(24) ItSilicon metal” means any silicon alloy containing more than ninety-six
(96) percent silicon by weight.
(25) “Ferromanganese silicon” means that alloy containing sixty- three (63)
to sixty-six (66) percent by weight manganese, twenty- eight (28) to
thirty-two (32) percent by weight silicon, and a maximum of 0.08 percent
by weight carbon.
(26) “Classification date” means October 21, 1974.
(27) “Concentrated discharge” means that the outlet from a control device
consists of either stacks (one (1) or more) or openings on the device’s
top or side which has (have) a total area less than five (5) percent of
the corresponding top or side and which has (have) a length of not more
than twice the width.
(28) “Disperse discharge” means that the outlet from a control device
61.070 - 2
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consists of opening(s) on the device’s top or side which has (have) a
total area exceeding five (5) percent of the corresponding top or side
or which has (have) the length more than twice the width. A control
device may have both dispersed and concentrated discharges.
Section 3. Standard for Particulate Matter.
(1) On or after the date on which the performance test required to be
conducted by 401 KAR 61:005 is completed, no owner or operator subject
to the provisions of this regulation shall cause to be discharged into
the atmosphere from any electric submerged arc furnace any gases which:
(a) Exit from a control device and exhibit an opacity equal to or
greater than three(3) percent, where control device has dispersed
discharge.
(b) Exit from any building opening and exhibit an opacity equal to or
greater than:
1. Fifteen (15) percent for these gases which are the result of
routine smelting/melting operations where no auxiliary
operations will occur;
2. Twenty (20) percent for those gases which are from a furnace
associated with metallurgical treatment while no auxiliary
operations are occurring;
3. Twenty-five (25) percent for those gases which are the
result of tapping operations.
4. Forty (40) percent for those gases which occur only during a
metallurgical treatment; or
5. Forty (40) percent for those gases which occur during the
pouring of metal from slag ladles into castbeds or molds.
(2) On and after the date on which the performance test required to be
conducted by 401 KAR 61:005 is completed, no owner or operator subject
to the provisions of this regulation shall cause to be discharged into
the atmosphere from any dust-handling equipment any gases which exhibit
fifteen (15) percent opacity or greater.
Section 4. Test Methods and Procedures.
Reference Method 9 in Appendix A of 40 CFR 60, filed by reference in 40]. KAR
50:015, except as provided in 401 KAR 50:045, shall be used to determine
compliance with the standards prescribed in Section 3.
Effective Date: June 6, 1979
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 DEC 24, 1980 45 FR 84999
MAY 03, 1984 49 FR 18833
61.070 - 3
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401 ICAR 61:075. Steel plants and foundries using existing electric arc
furnaces.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Natural Resources
Division of Air Pollution
Relates to: KRS Chapter 224
Pursuant to: KRS 13.082, 224.033
Necessity and Function: KRS 224.033 requires the Department for Natural
Resources and Environmental Protection to prescribe regulations for the
prevention, abatement, and control of air pollution. This regulation provides
for control of emissions from steel plants or foundries using existing
electric arc furnaces.
Section 1. Applicability.
The provisions of this regulation apply to the following affected facilities
in steel plants and foundries commenced before the classification date defined
below: electric arc furnaces and/or associated metallurgical equipment located
in the same shop as well as associated dust-handling equipment.
Section 2. Definitions.
As used in this regulation, all terms not defined herein shall have the
meaning given them in 401 KAR 50:010.
(1) “Electric arc furnace (EAF)” means any furnace that produces molten
steel and heats the charge materials will electric arcs from carbon
electrodes. Furnaces from which the molten steel is cast into the shape
of finished products 1 such as in the foundxy, are affected facilities
included within the scope of this definition. Furnaces which, as the
primary source of iron, continuously feed pre-reduced ore pellets are
not affected facilities within the scope of this definition.
(2) “Dust-handling equipment” means any equipment used to handle particulate
matter collected by the control device and located at or near the
control device for an EAF subject to this regulation.
(3) “Control device” means the air pollution control equipment used to
remove particulate matter generated by an EAF(s) from the effluent gas
stream.
(4) “Capture system” means the equipment (including ducts, hoods, fans,
dampers, etc.) used to capture or transport particulate matter generated
by an EAF and associated metallurgical equipment to the air pollution
control device.
(5) “Associated metallurgical equipment” in the shop includes but is not
limited to scrap pre-heaters and degreasers, and equipment for hot metal
transfer, charging, lancing, boiling, slagging and de-slagging, tapping,
inoculation, teeming, hot-topping, vacuum de-gassing, continuous
casting, etc.
(6) “Charge” means the addition of iron and steel scrap or other materials
into the top of an electric arc furnace.
(7) “Charging period” means the time period commencing at the moment an EAF
starts to open and ending either three (3) minutes after the EAF roof is
returned to its closed position or six (6) minutes after commencement of
opening of the roof, whichever is longer.
(8) “Tap” means the pouring of molten steel from an KAY.
61.075 - 1
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(9) “Tapping period” means the time period commencing at the moment an EAF
begins to tilt to pour and either three (3) minutes after an EAF returm
to an upright position or six (6) minutes after commencing to tilt,
whichever is longer.
(10) “Meltdown and refining” means that phase of the steel production cycle
when charge material is melted and undesirable elements are removed from
the metal.
(11) “Meltdown and refining period” means the time period commencing at the
termination of the initial charging period and ending at the initiation
of the tapping period, excluding any intermediate charging periods.
(12) “Shop opacity” means the arithmetic average of twenty-four (24) or more
opacity observations of emissions from the shop taken in accordance with
Reference Method 9 of Appendix A of 40 CFR 60, filed by reference in 401
KAR 50:015, for the applicable time periods.
(13) “Heat time” means the period commencing when scrap is charged to an
empty EAF and terminating when the EAF tap i completed.
(14) “Shop” means the building which houses one (1) or more EAF.
(15) “Direct shell evaluation system” means any system that maintains a
negative pressure within the EAF above the slag or metal and ducts the
emissions to the control device.
(16) “Concentrated discharge” means that the outlet from a control device
consists of either stacks one (1) or more) openings on the device’s top
or side which has (have) a total area less than five (5) percent of the
corresponding top or side and which has (have) a length of not more than
twice the width.
(17) “Dispersed discharge” means that the outlet from a control device
consists of opening(s) on the device’s top or side which has (have) a
total area exceeding five (5) percent of the corresponding top or side
or which have a length more than twice the width.
(18) “Classification date” means October 21, 1974.
Section 3. Standard for Particulate Matter.
(1) On or after the date on which the performance test required to be
conducted by 401 KAR 61:005 is completed, no owner or operator subject
to the provisions of this regulation shall cause to be discharged into
the atmosphere from an electric arc furnace and associated metallurgical
equipment any gases which:
(a) Exit from a control device and contain particulate matter in
excess of 0.010 grains/dscf (twenty-three (23) mg/dscm);
(b) Exit from a control device and exhibit opacity in excess of:
1. Ten (10) percent for a control device with a concentrated
discharge.
2. Three (3) percent for a control device with a dispersed
discharge.
(C) Exit directly from a shop and exhibit an opacity greater than ten
(10) percent except:
1. Shop opacity less than thirty (30) percent may occur which
is caused by an EAF during its charging period.
61.075 - 2
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2. Shop opacity less than thirty (30) percent may occur which
is caused by an EAF during its tapping period.
3. Where the capture system is operated such that the roof of
the shop is closed during the charge and the tap, and
emissions to the atmosphere are prevented until the roof is
opened after completion of the charge or tap, the shop
opacity standards under this paragraph shall apply when the
roof is opened and shall continue to apply for the length of
time defined by the charging and/or tapping periods.
(2) On and after the date on which the performance test required to be
conducted by 401. KP’R 61:005 is completed, no owner or operator subject
to the provisions of this regulation shall cause to be discharged into
the atmosphere from dust-handling equipment any gases which exhibit ten
(10) percent opacity or greater.
Section 4. Monitoring of Operations.
(1) The owner or operator subject to the provisions of this regulation shall
maintain records daily of the following information:
(a) Time and duration of each charge;
(b) Time and duration of each tap;
(c) All flow rate data obtained under subsection (2) of this section,
or equivalent obtained under subsection (4) of this section; and
(d) All pressure data obtained under subsection (5) of this section.
(2) Except as provided under subsection (4) of this section, the owner or
operator subject to the provisions of this regulation shall install,
calibrate, and maintain a monitoring device that continuously records
the volumetric flow rate through each separately ducted hood. The
monitoring device(s) may be installed in any appropriate location in the
exhaust duct such that reducible flow rate monitoring will result. The
flow rate monitoring device(s) shall have an accuracy of plus or minus
ten (10) percent over its normal operating range and shall be calibrated
according to the manufacturer’s instructions. The department may
require the owner or operator to demonstrate the accuracy of the
monitoring device(s) relative to Methods 1 and 2 of Appendix A of 40 CFR
60.
(3) When the owner or operator of an EAF is required to demonstrate
compliance with the standard under Section 3 (1) (C), and at any other
time the department may require, the volumetric flow rate through each
separately ducted hood shall be determined during all periods in which
the hood is operated for the purpose of capturing emissions from the EP.F
using the monitoring device under subsection (2) of this section. The
owner or operator may petition the department for re-establishment of
these flow rates whenever the owner or operator can demonstrate to the
department’s satisfaction that the EAF operating conditions upon which
the flow rates were previously established are no longer applicable.
The flow rates determined during the most recent demonstration of
compliance shall be maintained (or may be exceeded) at the appropriate
level for each applicable period. Operation at lower flow rates may be
considered by the department to be unacceptable operation and
maintenance of the affected facility.
(4) The owner or operator may petition the department to approve any
alternative method that will provide a continuous record of operation of
each emission capture system.
61.075 - 3
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(5) Where emissions during any phase of the heat time are controlled by use
of a direct shell evacuation system, the owner or operator shall
install, calibrate, and maintain a monitoring device the continuously
records the pressure in the free space inside the EAF. The pressure
shall be recorded as fifteen (15) minute integrated averages. The
monitoring device may be installed in any appropriate location in the
averages. The monitoring device may be installed in any appropriate
location in the EAF such that reproducible results will be obtained.
The pressure monitoring device shall have an accuracy of plus or minus
five (5) mm of water gauge over its normal operating range and shall be
calibrated according to the manufacturer’s instructions.
(6) When the owner or operator of an EAF is required to demonstrate
compliance with the standard under Section 3(1) Cc) and at any other time
the department may require, the pressure in the free space inside the
furnace shall be determined during the meltdown and refining period(s)
using the monitoring device under subsection (5) of this section. The
owner or operator may petition the department for re-establishment of
the fifteen (15) minute integrated average pressure whenever the owner
or operator can demonstrate to the department t s satisfaction that the
EAF operating conditions upon which the pressures were previously
established are no longer applicable. The pressure determined during
the most recent demonstration of compliance shall be maintained at all
times the EAF is operating in a meltdown and refining period. Operation
at higher pressures may be considered by the department to be
unacceptable operation and maintenance of the affected facility.
(7) Where the capture system is designed and operated such that all
emissions are captured and ducted to a control device, the owner or
operator shall not be subject to the requirements of this section.
(8) Where each EAF in a shop has an actual tapping capacity of less than ter
(10) tons, the owner or operator shall not be subject to the
requirements of this section.
Section 5. Test Methods and Procedures.
(1) Reference Methods in appendix A of 40 CFR 60, except as provided under
401 KAR 50:045, shall be used to determine compliance with this
regulation as follows:
(a) Reference Method 5 for concentration of particulate matter and
associated moisture content;
(b) Reference Method 1 for sample and velocity traverses;
Cc) Reference Method 2 for velocity and volumetric flow rate;
Cd) Reference Method 3 for gas analysis; and
Ce) Reference Method 9 for opacity determination.
(2) For Reference Method 5, the sampling time for each run shall be at least
four (4) hours. When a single EAF is sampled, the sampling time for
each run shall also include an integral number of heats. Shorter
sampling times, when necessitated by process variables or other factors,
may be approved by the department. The minimum sample volume shall be
4.5 dscm (160 dscf).
(3) For the purpose of this section, the owner or operator shall conduct the
demonstration of compliance with Section 3 (1) Cc) and furnish the
department a written report of the results of the test.
61.075 - 4
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(4) For the purpose of this section, the owner or operator shall conduct the
demonstration of compliance with Section 3(1) (c) and furnish the
department of the results of the test.
(5) When more than one (1) control device serves the EAF(s) being tested,
the concentration of particulate matter shall be determined using the
equation in Appendix A to this regulation.
(6) Any control device subject to the provisions of this regulation shall be
designed and constructed to allow measurement of volumetric flow rate
and emissions using applicable test methods and procedures.
(7) Where emissions from any EAP(s) are combined with emissions from other
affected facilities in the same shop and controlled by a common capture
system and control device, the owner or operator may use any of the
following procedures during a performance test:
(a) Base compliance on control of the combined emissions;
(b) Utilize a method acceptable to the department which compensates
for the emissions from the other affected facilities; and
(c) Any combination of the criteria of paragraphs (a) and (b) of this
subsection.
Effective Date: June 6, 1979
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 JAN 25, 1980 45 FR 6092
DEC 24, 1980 45 FR 84999
1st Revision DEC 09, 1982 DEC 04, 1986 51 FR 43742
MAY 04, 1989 54 FR 19169
61.075 - 5
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APPENDIX A TO 401 KAR 61:075
EQUATION FOR CONCENTRATION OF PARTICULATE MAT1’ER
FOR MORE THP 1 N ONE CONTROL DEVICE
N
sum (C 3 Q 5 )
n l
C 5 = _____________
N
sum (Q 5 )
n=1
Where:
C 5 = concentration of particulate matter in mg/dscm (gr/dscf) as
determined by Reference Method 5.
N = total number of control devices tested.
Q 3 = volumetric flow rate of the effluent gas stream in dscm/hr
(dscf/hr) as determined by Reference Method 2.
(C 5 Q 5 ) or (Q ) = value of the applicable parameter for each
control device tested.
61.075 - 6
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401 KAR 61:080. Steel plants using existing basic oxygen process furnaces.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Natural Resources
Division of Air Pollution
Relates to: KRS Chapter 224
Pursuant to: KRS Chapter 13.082, 224.033
Necessity and Function: KRS 224.033 requires the Department for Natural Resources
and Environmental Protection to prescribe regulations for the prevention,
abatement, and control of air pollution. This regulation provides for the
control of emissions from steel plants using existing basic oxygen process
furnaces.
Section 1. Applicability.
Provisions of this regulation are applicable to the following affected facilities
commenced before the classification date defined below: basic oxygen process
furnaces, associated metallurgical equipment, and dust-handling equipment.
Section 2. Definitions.
As used in this regulation all terms not defined herein shall have the meaning
given them in 401 KAR 50:010.
(1) “Basic oxygen process furnaces (BOPF)” means any furnace producing steel
by charging scrap steel, hot metal, and flux materials into a vessel and
introducing a high volume of an oxygen-rich gas.
(2) “Dust-handling equipment” means any equipment used to handle particulate
matter collected by the control device and located at or near the control
device for a BOPF and/or associated equipment subject to this regulation.
(3) “Control device” means the air pollution control equipment used to remove
from the effluent gas stream, particulate matter generated by BOPF and/or
associated equipment.
(4) “Steel production cycle” means the operation required to produce each
batch of steel and includes the following major functions: scrap
preheating, scrap charging, hot metal charging, oxygen blowing and
tapping.
(5) “Charge” means the addition of steel scrap, molten iron and other
materials into a BOPF.
(6) “Tap” means the pouring of molten steel from a BOPF.
(7) “Shop” means the building or bay which houses one (1) or more BOPFs and
associated metallurgical equipment.
(8) “Classification date” means June 11, 1973.
(9) “Associated metallurgical equipment” means process equipment located in
the shop used in conjunction with external desulfurization of molten iron,
hot metal transfer, and transfer of slag and kish.
Section 3. Standard for Particulate Matter.
(1) No owner or operator subject to the provisions of this regulation shall
cause to be discharged into the atmosphere from any gases which exceed a
maximum particulate matter concentration of 0.03 gr/dscf from the control
device associated with the BOPF as measured only during the main oxygen
blowing period.
61.080 - 1
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(2) No owner or operator shall cause to be discharged into the atmosphere any
gases which exceed a maximum particulate matter concentration of O.OlC
gr/dscf from a control device associated with any other SOPF associated
metallurgical equipment as measured only during operation of such
equipment.
(3) No owner or operator shall cause to be discharged into the atmosphere from
any gases which exit from a control device and exhibit opacity of twenty
(20) percent or more.
(4) No owner or operator shall cause to be discharged into the atmosphere from
any gases which exit from a shop, due to operations of a BOPF and/or
associated metallurgical equipment, and exhibit opacity of twenty (20)
percent or more form more than eleven (11) times as observed at fifteen
(15) second intervals over a period of any sixty (60) consecutive minutes.
Reference Method 9 of ppendix A to 40 CFR 60, filed by reference in 401
KAR 50:015 and supplemented by the procedures in Section 5(4), shall be
used for determining opacity in this subsection except for averaging time
and number of observations.
(5) No owner or operator subject to the provisions of this regulation shall
cause to be discharged into the atmosphere from dust-handling equipment
any gases which exhibit ten (10) percent opacity or greater.
Section 4. Monitoring of Operations.
The owner or operator of an affected facility shall maintain a single
time-measuring instrument which shall be used in recording daily the time and
duration of each steel production cycle, and the time and duration of any
diversion of exhaust gases from the main stack servicing the BOPF.
Section 5. Test Methods and Procedures.
(1) Reference methods in ppendix A of 40 CFR 60, except as provided under 401
KAR 50:045, shall be used to determine compliance with the standards
prescribed under Section 3 as follows:
(a) Reference Method 5 for concentration of particulate matter and
associated moisture content;
(b) Reference Method 1 for sample and velocity traverses;
Cc) Reference Method 2 for velocity and volumetric flow
Cd) Reference Method 3 for gas analysis; and
(e) Reference Method 9 for opacity determination for emissions
discharged through a control device and from dust-handling
equipment. For the purpose of this regulation, opacity observation
taken at fifteen (15) second intervals immediately before and after
a diversion of exhaust gases from the stack may be considered to be
consecutive for the purpose of computing an average opacity for a
six (6) minute period. Observations taken during a diversion shall
not be used in determining compliance with the opacity standard.
(2) For Reference Method 5, the sampling for each run shall continue for an
integral number of cycles with total duration of at least sixty (60)
minutes except that shorter sampling times when necessitated by process
variables or other factors may be approved by the department. The
sampling rate shall be at least 0.9 dscm/hr (0.53 dscffmin). For the
purpose of testing the control device associated with the BOPF a cycle
shall start at the beginning of the primary oxygen blow and shall
terminate at the end of the primary oxygen blow.
61.Oe O - 2
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(3) Sampling of flue gases during each steel production cycle shall be
discontinued whenever all flue gases are diverted from the stack and shall
be resumed after each diversion period.
(4) For purpose of determining opacity from a shop pursuant to Section 3(4),
the following procedures shall be used to supplement Method 9:
(a) In making observations of roof monitor emissions, the reader shall
be positioned within a sector seventy (70) degrees either side of a
line perpendicular to the long axis of the roof monitor. Within
this sector the reader shall be positioned with the sun behind him
and generally perpendicular to the axis of the plume that is being
observed. On overcast days or if the plume is in a shadow, the
reader need not follow the requirement about positioning his back to
the sun.
(b) In making observations of emissions from other openings in the
building, the reader shall be positioned within a sector seventy
(70) degrees either side of a line perpendicular to the side of the
building nearest which the emissions occur and with a sun behind him
and generally perpendicular to the axis of the plum that is being
observed. On overcast days, the reader need not follow the
requirement about positioning his back to the sun.
(c) If emissions are being emitted from the roof monitor and other
discharge points from the building, the reader shall read and record
whichever plume is most opaque at the time of each reading.
Section 6. Compliance Timetable.
The owner or operator of an affected facility shall demonstrate compliance with
Section 3(1) on or before December 31, 1982. Compliance with all other
provisions of this regulation shall have been demonstrated on or before June 6,
1979.
Section 7. Alternate Emission Limitations. The owner or operator of an affected
facility subject to this regulation may propose an alternate plan pursuant to the
requirements of 401 KAR 51:055 to meet the emissions limitations required by this
regulation.
Effective Date: April 4, 1984
Date Submitted Date pproved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 JAN 25, 1980 45 FR 6092
DEC 24, 1980 45 FR 84999
1st Revision MAY 01, 1984 DEC 04, 1986 51 FR 43742
MAY 04, 1989 54 FR 19169
61.080 - 3
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401 KAR 61:085. Existing service stations.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
RELATES TO: ICRS 224.20-100, 224.20-110, 224.20-120, 42 USC 7401-7626, 42 USC
7407, 42 Usc 7408, 42 Usc 7410
STATUTORY AUTHORITY: KRS 224 .10-100
NECESSITY AND FUNCTION: KRS 224.10-100 requires the Natural Resources and
Environmental Protection Cabinet to prescribe administrative regulations for
the prevention, abatement, and control of air pollution. 42 USC 7410 likewise
requires the state to implement standards for national primary and secondary
ambient air quality. This administrative regulation provides for the control
of volatile organic compound emissions from existing service stations.
Section 1 .Definitions.
As used in this administrative regulation, all terms not defined in this
section shall have the meaning given to them in 401 KAR 61:001.
(1) “Affected facility” means the gasoline storage tanks at a service
station.
(2) “Classification date” means June 6, 1979.
(3) “Service station” means a public or private establishment except
farms which dispenses gasoline into vehicle fuel tanks.
(4) “Submerged fill pipe” means a 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
a 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.
(5) “Vapor balance system” means a system which conducts vapors
displaced from storage tanks during filling operations to the storage
compartment of the transport vehicle delivering the fuel.
(6) “Vent line restriction” means:
(a) An orifice of one-half (1/2) to three-quarters (3/4) inch inside
diameter;
(b) A pressure-vacuum relief valve set to open at not less than eight
(B) oz. per square inch pressure and not less than one-half (1/2) oz. per
square inch vacuum unless a different vacuum relief setting is required by
safety or fire authorities; or
(c) A vent shut-off valve which is activated by connection of the
vapor return hose.
Section 2 .Applicability.
This administrative regulation shall apply to each affected facility commenced
before the classification date defined in Section 1 of this administrative
regulation which is located in a county or portion of a county which is
designated ozone nonattainment, for any nonattainment classification except
marginal, under 401 KAR 51:010.
Section 3.Standard for VOCs.
(1) The owner or operator of an affected facility shall install, maintain,
and operate the following devices:
(a) Submerged fill pipe;
(b) Vent line restriction on the affected facility vent line; and
(c) Vapor balance system and vapor tight connections on the liquid
fill line and the vapor return line. The cross-sectional area of the vapor
return hose must be at least fifty (50) percent of the liquid fill hose, and
free of flow restrictions to achieve acceptable recovery. The size and design
of the vapor return line and connections, including coaxial systems, are
subject to the approval of the cabinet.
61 085 - 1
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(d) If the gasoline storage tank is equipped with a separate gauge
well, a gauge well drop tube shall be installed which extends to within six
(6) inches of the bottom of the tank.
(2) The owner or operator may elect to use an alternate control system
if that system can be demonstrated to the cabinet’s satisfaction to achieve an
equivalent control efficiency.
(3) The owner or operator shall not allow any transport vehicle to
deliver fuel to an affected facility until the transport vehicle is properly
connected to the vapor balance system or alternate control system.
Section 4.Compliance Tiaetable.
(1) Affected facilities which were subject to this administrative regulation
as in effect on December 3, 1980, shall have achieved final compliance upon
startup.
(2) The owner or operator of an affected facility which becomes subject to
this administrative regulation because it is located in a county or portion of
a county previously designated nonurban nonattainment or redesignated in 401
KAR 51:010 after November 15, 1990, shall comply with this administrative
regulation in the following manner:
(a) Facilities with monthly throughput of 100,000 gallons or more of
gasoline shall comply within one (1) year of the effective date of this
administrative regulation.
(b) Facilities with a monthly throughput between 10,000 and 100,000
gallons, shall comply within two (2) years of the effective date of this
administrative regulation.
(c) Facilities shall be considered to comply with the time
requirements of paragraphs (a) and (b) of this subsection if the temporary
operating permit authorized in Section 8(3) of 401 KAR 63:035 goes into effect
by the date of compliance.
Section 5 .Exeznptions.
An affected facility shall be exempt from the provisions of Section 3 of this
administrative regulation if the annual throughput is less than or equal to
120,000 gal.
Effective Date: February 8, 1993
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 JAN 25,1980 45 FR 6092
1st Revision FEB 05, 1981 MAR 30, 1983 48 FR 13168
2nd Revision FEB 117, 1993 JUN 23, 1994 59 FR 32343
61085-2
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401 KAR 61:090. Existing automobile and light-duty truck surface coating
operations.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
RELATES TO: KRS 224.20-100, 224.20-110, 224.20-120, 42 Usc 7401 et. seq.,
42 USC 7407, 42 USC 7408, 42 USC 7410
STATUTORY AUTHORITY: KRS 224.10-100
NECESSITY AND FUNCTION: KRS 224.10-100 requires the Natural Resources and
Environmental Protection Cabinet to prescribe regulations for the prevention,
abatement and control of air pollution. 42 USC 7410 likewise requires the
state to implement standards for national primary and secondary ambient air
quality. This regulation provides for the control of volatile organic
compound emissions from existing automobile and light-duty truck surface
coating operations.
Section 1. Definitions.
As used in this regulation, all terms not defined in this section shall have
the meaning given to them in 401 KAR 61:001.
(1) “Affected facility” means a coating line for automobile and light-
duty truck frames, small parts, wheels, and main body parts at an assembly
plant but does not include the following:
(a) Underbottdm - sound deadener coatings;
(b) Zinc rich anti-rust and weld line anti-rust prime coatings;
(c) Adhesive coatings or mastics;
Cd) Flexible coatings;
Ce) Plastic body fillers or caulks; or
(f) Interior coatings which are applied after upholstery and interior
plastic parts are attached to the body.
(2) “Applicator” means the mechanism or device used to apply the
coating, including, but not limited to, dipping and spraying.
(3) “Automobile” means all passenger cars or passenger car derivatives
capable of seating twelve (12) or fewer passengers.
(4) “Classification date” means June 29, 1979.
(5) “Coating line” means a series of equipment or operations used to
apply, dry, or cure any prime, topcoat or repair coatings containing volatile
organic compounds (VOCs). This shall include, but is not limited to:
(a) Mixing operations;
Cb) Process storage;
Cc) Applicators;
Cd) Drying operations including, but not limited to, f].ashoff area
evaporation, oven drying, baking, curing, and polymerization;
Ce) Clean up operations;
(f) Leaks, spills and disposal of VOCs;
Cg) Processing and handling of recovered VOCs;
Ch) For the purposes of determining compliance with this regulation,
if any equipment or operation is considered to be a part of more than one (1)
coating line, its VOC emissions shall be assigned to each coating line of
which it is a part proportionally to the throughput of VOC it receives from or
distributes to each coating line;
Ci) If any portion of the series of equipment or operations qualifies
for an exemption according to Section 6 of this regulation, then that portion
shall be considered to be a separate coating line.
(6) “Final repair coating line” means a coating line for the
repainting of any coatings which are damaged during vehicle assembly.
(7) “Flashoff area” means the space between the application area and
the oven.
(8) “Light-duty truck” means all motor vehicles rated at 3,864
kilograms (8,500 pounds) gross vehicle weight or less which are designed
61.090 - 1
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primarily for purposes of transportation of property or are derivatives of
these vehicles (including, but not limited to, pickups, vans, and window
vans.)
(9) “Prime coat coating line” means a coating line for the first
coating and surfacer which are responsible for protecting the surface from
corrosion and providing for good adhesion of the topcoat.
(10) “Process storage” means mixing tanks, holding tanks, and other
tanks, drums, or other containers which contain surface coatings, VOCs, or
recovered VOC5; but does not mean storage tanks of petroleum liquids which are
subject to 401 KAR 59:050, 401 KAR 59:052, or 401 KAR 61:050.
(11) “Topcoat coating line” means a coating line for the coating of the
surface to obtain desired aesthetic effects.
(12) “Surfacer” means the spray application of primer to touch-up areas
on the surface not adequately covered during electrodeposition.
(13) “VOCS net input” means the total amount of VOCs input to the
affected facility minus the amount of VOCs that are not emitted into the
atmosphere. VOCs that are prevented from being emitted to the atmosphere by
the use of control devices shall not be subtracted from the total for the
purposes of determining VOCs net input. When the nature of any operation or
design of equipment permits more than one (1) interpretation of this
definition, the interpretation that results in the minimum value for allowable
emission shall apply.
(14) “Electrophoretic deposition” means a process of applying a coating
by dipping the component in a coating bath with an electrical potential
difference between the component and the bath.
Section 2. Applicability.
(1) This regulation shall apply to each affected facility commenced
before the classification date defined in Section 1 of this regulation which
is located in a county or portion of a county which is designated ozone
nonattainment, for any nonattainment classification except marginal, under 401
KAR 51:010.
(2) This regulation shall not apply to affected facilities which are
subject to local air pollution control district regulations which have been
approved by the cabinet and the U.S. EPA.
Section 3. Standard for VOCe.
No person shall cause, allow, or permit an affected facility to discharge into
the atmosphere more than fifteen (15) percent by weight of the VOCs net input
into the affected facility.
Section 4. Compliance.
(1) If applicable, compliance is determined by “Protocol for Determining
the Daily Volatile Organic Compound Emission nate of Automobile and Light-Duty
Truck Topcoat Operations,” which has been incorporated by reference in Section
7 of this regulation.
(2) In all cases the design of any control system shall be subject to
approval by the cabinet.
(3) Compliance with the standard in Section 3 of this regulation shall
be demonstrated by a material balance unless the cabinet determines that a
material balance is not possible. If a material balance is not possible,
compliance shall be determined based upon an engineering analysis by the
cabinet of the control system design, control device efficiency, control
system capture efficiency, and any other factors that may influence the
performance of the system. If requested by the cabinet, performance tests
specified by the cabinet shall be conducted to determine the efficiency of the
control device. Capture efficiency shall be determined by procedures
specified in 401 KAR 50:047.
(4) With the prior approval of the cabinet, the owner or operator may
elect to effect all changes necessary to qualify for an exemption under
Section 6 of this regulation.
(5) If deemed necessary by the cabinet, the cabinet shall obtain
61.090 - 2
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samples of the coatings used at an affected facility to verify that the
coatings meet the requirements in Section 6 of this regulation.
Section 5. Compliance Timetable.
(1) Affected facilities which were subject to this regulation as in
effect June 29, 1979, shall have achieved final compliance by January 1, 1983,
f or prime coatings systems and final repair systems and by January 1, 1986,
f or topcoat systems.
(2) The owner or operator of an affected facility that becomes subject
to this regulation on or after the effective date of this regulation shall be
required to complete the following:
(a) Prime coatings systems, topcoat systems, and final repair coating
systems except as provided for in paragraph (b) of this subsection:
1. A final control plan for achieving compliance with this regulation
shall be submitted no later than nine (9) months after the date the affected
facility becomes subject to this regulation.
2. The control system contract or the exempt coatings contracts and
purchase orders shall be awarded no later than eleven (11) months after the
date the affected facility becomes subject to this regulation.
3. On-site construction or installation of emission control equipment
or process changes for exempt coatings shall be initiated no later than
thirteen (13) months after the date the affected facility becomes subject to
this regulation.
4. On-site construction or installation of emission control equipment
or process changes for exempt coatings shall be completed no later than
seventeen (17) months after the date the affected facility becomes subject to
this regulation.
5. Final compliance shall be achieved no later than eighteen (18)
months after the date the affected facility becomes subject to this
regulation.
6. If an affected facility becomes subject to this regulation because
it is located in a county previously designated nonurban nonattainment or
redesignated in 401 KAR 51:010 after November 15, 1990, final compliance may
be extended to May 31, 1995, and the schedule in paragraphs (a) through (d) of
this subsection adjusted by the cabinet.
(b) Prime coating lines which are using electrophoretic deposition on
or before the effective date of this regulation shall be in compliance on the
effective date of this regulation.
Section 6. Exemptions.
(1) Any affected facility shall be exempt from Section 3 of this
regulation if the VOC content of the coating iS:
(a) Prime coating line: 0.14 kg/i of coating (1.2 lb/gal), excluding
water or exempt solvent or both, which shall be applied by electrophoretic
deposition and 0.34 kg/l of coating (2.8 lb/gal), excluding water or exempt
solvent or both, delivered to the applicators associated with the surfacer.
An alternative for the surfacer is fifty-five (55) percent solids by volume
organic-borne prime coat applied with a minimum of sixty-five (65) percent
transfer efficiency, or 1.9 kg!]. (15.1 lb/gal) of solids deposited. An
alternative for the prime coating line is an organic-borne prime coat
consisting of a minimum of fifty-five (55) percent solids by volume which is
applied with a minimum of fifty (50) percent transfer efficiency.
(b) Topcoat coating line: 0.34 kg/l of coating (2.8 lb/gal), excluding
water or exempt solvent or both, delivered to the applicator(s) associated
with the topcoat coating line or a fifty (50) percent solids by volume
organic-borne topcoat applied with a minimum of sixty-five (65) percent
transfer efficiency, or 1.9 kg/l (15.1 lb/gal) of solids deposited.
(c) epair coating line: 0.58 kg/l of coating (4.8 lb/gal), excluding
water or exempt solvent or both, as delivered to the applicator applied with a
minimum of sixty-five (65) percent transfer efficiency.
(2) Any affected facility using this section may elect to use a
weighted average of the coatings used in the particular coating line involved.
61 090 - 3
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If this average meets the exemption then all the coatings shall be considered
to meet the exemption.
(3) The exemptions specified in this section may be achieved by:
(a) Use of low solvent coating; or
(b) Any other emission reduction process or equipment shown to be as
effective.
(4) Low-use coatings shall be exempt from Section 3 of this regulation
if the plantwide consumption of these coatings in the aggregate is less than
or equal to fifty-five (55) gallons during the previous twelve (12) months.
Section 7. Reference Material.
(1.) Incorporation by reference. The following document is incorporated
by reference: “Protocol for Determining the Daily Volatile Organic Compound
Emission Rate of Automobile and Light Duty Truck Topcoat Operations,” EPA-
450/3-88-018, December 1988, available from U.S. Environmental Protection
Agency, Office of Air Quality Planning and Standards, Research Triangle Park,
North Carolina 27711 and the U.S. Department of Commerce, National Technical
Information Service, Springfield, Virginia 22161.
(2) The document incorporated by reference in subsection (1) of this
section is available for public inspection and copying, subject to copyright
law, at the following main and regional offices of the Kentucky Division for
Air Quality during the normal working hours of 8:00 a.m. to 4:30 p.m., local
time.
(a) Kentucky Division for Air Quality, 316 St. Clair Mall, Frankfort,
Kentucky 40601, (502) 564-3382;
(b) Ashland Regional Office, 3700 Thirteenth Street, Ashland, Kentucky
41101, (606) 325-8569;
(c) Bowling Green Regional Office, 1508 Westen Avenue, Bowling Green,
Kentucky 42104, (502) 843-5475;
(d) Florence Regional Office, 7964 Kentucky Drive, Suite 8, Florence,
Kentucky 41042, (606) 292-6411;
(e) Hazard Regional Office, 233 Birch Street, Hazard, Kentucky 41701,
(606) 439-2391;
(f) Owensboro Regional Office, 311 West Second Street, Owensboro,
Kentucky 42301, (502) 686-3304; and
(g) Paducah Regional Office, 4500 Clarks River Road, Paducah, Kentucky
42003, (502) 898-8468.
Effective Date: June 24, 1992
Date Submitted Date Approved Fedaeral
to EPA by EPA Register
Original Reg JUN 29, 1979 JAN 25, 1980 45 FR 6092
AUG 07, 1981 46 FR 40188
1st Revision OCT 20, 1992 JUN 23, 1994 59 FR 32345
61.090 - 4
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401 KAR 61:095. Existing solvent metal cleaning equipment.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
RELATES TO: KRS 224.20-100, 224.20-110, 224.20-120, 42 Usc 7401 et. seq., 42 Usc
7407, 42 Usc 7408, 42 USC 7410
STATUTORY AUTHORITY: KRS 224.10-100
NECESSITY AND FUNCTION: KRS 224.10-100 requires the Natural Resources and
Environmental Protection Cabinet to prescribe regulations for the prevention,
abatement, and control of air pollution. 42 USC 7410 likewise requires the state
to implement standards for national primary and secondary ambient air quality.
This regulation provides for the control of volatile organic compound emissions
from existing solvent metal cleaning equipment.
Section 1 .Definitions.
As used in this regulation, all terms not defined in this section shall have the
meaning given to them in 401 KAR 61:001.
(1) “Affected facility” means cold cleaners, open top vapor degreasers,
and conveyorized degreasers which utilize volatile organic compounds (VOCs) to
remove soluble impurities from metal surfaces.
(2) “Classification date” means June 29, 1979.
(3) “Freeboard height” means, for a cold cleaner, the distance from the
liquid solvent level in the degreaser tank to the lip of the tank. For a vapor
degreaser it means the distance from the solvent vapor level in the tank to the
lip of the tank.
(4) “Freeboard ratio” means the freeboard height divided by the width of
the degreaser.
(5) “Refrigerated chiller” means a second set of freeboard condenser
coils located slightly above the primary condenser coils which create a cold air
blanket above the vapor zone.
(6) “Cold cleaner” means a batch-loaded degreaser whose solvent is kept
below its boiling point.
(7) “Open top vapor degreaser” means a batch-loaded degreaser whose
solvent is heated to its boiling point creating a solvent vapor zone.
(8) “Conveyorized degreaser” means a degreaser which is continuously
loaded by means of a conveyor system. Its solvent may be boiling or non-boiling.
(9) “Solvent” means, in this regulation, VOCs.
Section 2 .Applicability.
This regulation shall apply to each affected facility commenced before the
classification date defined in Section 1 of this regulation which is located in
a county or portion of a county which is designated ozone nonattainment, for any
nonattainment classification except marginal, under 403. KAR 51:010.
Section 3.Standard for VOCs.
The owner or operator of an affected facility to which this regulation applies
shall install, maintain and operate the control equipment and observe at all
times the operating requirements which apply to this type of degreaser as
specified in Sections 4, 5, and 6 of this regulation.
Section 4.Cold Cleaners.
(1) Control equipment:
(a) The cleaner shall be equipped with a cover. If the solvent
volatility is greater than fifteen (15) mm Hg measured at lOOjF or if the solvent
is agitated or heated, then the cover shall be designed so that it can be easily
operated with one (1) hand.
(b) The cleaner shall be equipped with a drainage facility so that
solvent that drains off parts removed from the cleaner will return to the
cleaner. If the solvent volatility is greater than thirty-two (32) mm Hg
measured at 100kF then the drainage facility shall be internal so that parts are
- 1
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enclosed under the cover while draining. The drainage facility may be external
if the cabinet determines that an internal type cannot fit into the cleaning
system.
(c) A permanent, conspicuous label, summarizing the operating
requirements specified in subsection (2) of this section shall be installed on
or near the cleaner.
Cd) If used, the solvent spray shall be a fluid stream (not a fine,
atomized or shower type spray) and at a pressure which does not cause excessive
splashing.
(e) If the solvent volatility is greater than thirty-two (32) mm Hg
measured at 100kF or if the solvent is heated above l20 F, then one (1) of the
following control devices shall be used:
1. Freeboard that gives a freeboard ratio greater than or equal to 0.7.
2. Water cover (solvent shall be insoluble in and heavier than water).
3. Other systems of equivalent control, such as a refrigerated chiller
or carbon adsorption.
(2) Operating requirements:
(a) Waste solvent shall not be disposed of or transferred to another
party so that greater than twenty (20) percent by weight of the waste solvent can
evaporate into the atmosphere. Waste solvent shall be stored only in covered
containers.
(b) Degreaser cover shall be closed if not handling parts in the cleaner.
(C) Cleaned parts shall be drained until dripping ceases (fifteen (15)
seconds is usually necessary).
Section 5.Open Top Vapor Degreaeers.
(1) Control equipment:
(a) The degreaser shall be equipped with a cover that can be opened and
closed easily without disturbing the vapor zone.
(b) The degreaser shall be equipped with the following safety switches;
1. Condenser flow switch and thermostat to shut off sump heat if
condenser coolant either is not circulating or is too warm.
2. Spray safety switch to shut of f spray pump if the vapor level drops
more than four (4) inches below the bottom condenser coil in order to prevent
spraying abo(u]ve the vapor level.
3. Vapor level control thermostat which shuts off sump heat if the vapor
zone rises above the design level.
4. Equivalent safety systems as approved on a case-by-case basis by the
cabinet.
(c) The degreaser shall be equipped with at least one (1) of the
following major control devices:
1. Freeboard with freeboard ratio greater than or equal to 0.75, and if
the degreaser opening is greater than ten (10) square feet, the cover shall be
powered or mechanically assisted.
2. Refrigerated chiller.
3. Enclosed design so that the cover or door opens only when the dry
part is actually entering or exiting the degreaser.
4. Carbon adsorption system, with ventilation greater than or equal to
fifty (50) cfm/square foot of air/vapor interface area (if cover is open), and
exhausting less than twenty-five (25) ppm by volume solvent averaged over one (1)
complete adsorption cycle.
5. Control system demonstrated to have control efficiency equivalent to
or better than any of the above.
(d) A permanent, conspicuous label, summarizing the operating procedures
specified in subsection (2) of this section shall be installed on or near the
degreaser.
(2) Operating requirements:
(a) The cover shall be closed at all times unless processing work loads
through the degreaser.
(b) Solvent carry-out shall be minimized by the following measures:
1. Parts shall be racked so that entrainment of solvent is avoided and
full drainage is accomplished.
61.095 - 2
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2. Parts shall be moved in and out of the degreaser at vertical speed
less than eleven (11) ft./min.
3. The work load in the vapor zone shall be degreased until condensation
ceases (thirty (30) seconds or more is usually necessary).
4. Any pools of solvent on the cleaned parts shall be tipped out before
removal.
5. Parts shall be allowed to dry within the degreaser above the vapor
zone until visually dry (fifteen (15) seconds is usually necessary).
Cc) Porous or absorbent materials such as cloth, leather, wood, or rope
shall not be degreased.
Cd) Work loads shall not occupy more than half of the degreaser’s open
top area.
(e) Spraying shall not be allowed above the vapor level.
(f) Solvent leaks shall be repaired immediately or shut down the
degreaser.
(g) Waste solvent shall not be disposed of or transferred to another
party so that greater than twenty (20) percent by weight of the waste solvent can
evaporate into the atmosphere. Waste solvent shall be stored only in closed
containers.
Ch) Exhaust ventilation shall not exceed sixty-five (65) cfm per square
foot of degreaser area unless necessary to meet OSHA requirements or control
device requirements. Ventilation fans shall not be used near the degreaser
opening.
Ci) Water shall not be visually detectable in the solvent exiting the
water separator.
Section 6.Conveyorized Degreasers.
(1) Control equipment:
(a) A conveyorized degreaser shall be enclosed except for work load
entrances and exits.
Cb) The degreaser shall be equipped with a drying tunnel or another means
such as rotating baskets sufficient to prevent cleaned parts from carrying out
solvent liquid or vapor.
Cc) Minimized openings: entrances and exits shall silhouette work loads
so that the average clearance between the largest parts and the edge of the
degreaser opening is either less than four (4) inches or less than ten (10)
percent of the width of the opening.
(d) Down-time covers: The degreaser shall be equipped with covers for
closing of f the entrance and exit during shutdown hours.
Ce) If the degreaser has an air/solvent interface area or an air/vapor
interface area equal to or greater than twenty (20) square feet, it shall be
equipped with at least one (1) of the following major control devices:
1. kefrigerated chiller.
2. Carbon adsorption system with ventilation greater than or equal to
fifty (50) cfm/square foot of air/vapor interface area (when down-time covers are
open) and exhausting less then twenty-five (25) ppm of solvent by volume averaged
over a complete adsorption cycle.
3. A system demonstrated to have a control efficiency equivalent to or
better than either of the above.
(f) If the degreaser is a vapor type, it shall be equipped with the
following safety switches:
1. Condenser flow switch and thermostat which will shut of f the sump
heat if coolant is either not circulating or is too warm.
2. Spray safety switch which will shut off the spray pump or conveyor
if the vapor level drops more than four (4) inches below the bottom condenser
coil in order to prevent spraying above the vapor level.
3. Vapor level control thermostat which will shut of f sump heat if the
vapor level rises above the design level.
4. Equivalent safety systems as approved on a case-by-case basis by the
cabinet.
(g) A permanent, conspicuous label, summarizing the operating procedures
specified in subsection (2) of this section shall be installed on or near the
61.095 - 3
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degreaser.
(2) Operating requirements:
(a) Exhaust ventilation shall not exceed sixty-five (65) cfm per square
foot of degreaser opening unless necessary to meet OSHA requirements or control
device requirements. Work place fans shall not be used near the degreaser
opening.
(b) Solvent carry-out shall be minimized by the following measures:
1. Parts shall be racked so that entrainment of solvent is avoided and
full drainage is accomplished.
2. Vertical conveyor speed shall be maintained at less than eleven (11)
ft/mm.
Cc) Waste solvent shall not be disposed of or transferred to another
party in a way that greater than twenty (20) percent by weight of the waste
solvent can evaporate into the atmosphere. Waste solvent shall be stored only
in closed containers.
Cd) Solvent leaks shall be repaired immediately or the degreaser shut
down.
Ce) Water shall not be visually detectable in the solvent exiting the
water separator.
Cf) Down-time covers shall be placed over entrances -and exits of the
degreaser immediately after the conveyor and exhaust are shut down and removed
just before they are started up.
Section 7.Compliance Timetable.
Cl) Affected facilities which were subject to this regulation as in effect
on June 29, 1979, shall have achieved final compliance by July 1, 1981.
C2) The owner or operator of an affected facility that becomes subject
to this regulation on or after the effective date of this regulation shall be
required to complete the following:
Ca) A final control plan f or achieving compliance with this regulation
shall be submitted no later than three (3) months after the date the affected
facility becomes subject to this regulation.
Cb) The control system contract shall be awarded no later than five (5)
months after the affected facility becomes subject to this regulation.
(c) On-site construction or installation of emissions control equipment
shall be initiated no later than seven (7) months after the date the affected
facility becomes subject to this regulation.
(d) On-site construction or installation of emission control equipment
shall be completed no later than eleven (11) months after the date the affected
facility becomes subject to this regulation.
(e) Final compliance shall be achieved no later than twelve (12) months
after the date the affected facility becomes subject to this regulation.
(f) If an affected facility becomes subject to this regulation because
it is located in a county previously designated nonurban nonattainment or
redesignated in 40]. KP 2 51:010 after November 15, 1990, final compliance may be
extended to May 31, 1995, and the schedule in paragraphs (a) through Cd) of this
subsection adjusted by the cabinet.
Section 8 .Exeinptions.
Any cold cleaners shall be exempt from Section 4 of this regulation if the
following criteria are met:
(1) The cold cleaner shall have a remote solvent reservoir;
(2) The solvent used in the cold cleaner shall not have a vapor pressure
that exceeds thirty-three (33) mm Hg measured at lOOkF or be heated above 120k
F; -
(3) The sink-like work ax ea shall have an open drain area less than 100
sq. cm.; and
(4) Evidence shall be provided that waste solvent shall be stored or
properly disposed of with minimal loss due to evaporation.
Effective Date: June 24, 1992
61.095 - 4
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Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg i7U 29, 1979 iIAN 25, 1980 45 FR 6092
1st Revision JAN 19, 1981 AUG 07, 1981 46 FR 40188
2nd Revision O T 20, 1992 JUN 23, 1994 59 FR 32343
61.095 - 5
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401 KAR 61:100. Existing insulation of magnet wire operations.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
RELATES TO: 1 (1 ( 5 224.20-100, 224.20-110, 224.20-120; Appendix A to 40 CFR 60
(Method 24); 42 USC 7401 et. seq.; 42 Usc 7407; 42 USC 7408; 42 USC 7410
STATUTORY AUTHORITY: KRS 224.10-100
NECESSITY AND FUNCTION: KRS 224.10-100 requires the Natural Resources and
Environmental Protection Cabinet to prescribe regulations for the prevention,
abatement and control of air pollution. 42 USC 7410 likewise requires the
state to implement standards for national primary and secondary ambient air
quality. This regulation provides for the control of volatile organic
compound emissions from existing insulation of magnet wire operations.
Section 1 .Definitions.
As used in this regulation, all terms not defined in this section shall have
the meaning given to them in 401 KAR 61:001.
(1) “Affected facility” means a coating line for insulation of magnet
wire.
(2) “Applicator” means the mechanism or device used to apply the
coating, including but not limited to a coating bath.
(3) “Coating die” means the device, located between the applicator and
the drying oven, which scrapes off excess coating and leaves a thin film of
desired thickness.
(4) “Magnet wire” means wire used in equipment such as electrical
motors, generators, and transformers which carries an electrical current.
(5) “Coating line” means a series of equipment or operations used to
apply, dry, or cure any coatings containing volatile organic compounds (VOCs).
This shall include, but is not limited to:
(a) Mixing operations;
(b) Process storage;
Cc) Applicators;
(d) Drying operations including coating die area evaporation, oven
drying, baking, curing, and polymerization;
(e) Clean up operations;
(f) Leaks, spills, and disposal of VOCs;
(g) Processing and handling of recovered VOCs;
(h) For the purposes of determining compliance with this regulation,
if any equipment or operation is considered to be a part of more than one (1)
coating line, its VOC emissions shall be assigned to each coating line of
which it is a part proportionally to the throughput of VOCs it receives from
or distributes to each coating line;
(1) If any portion of the series of equipment or operations qualifies
for an exemption according to Section 6 of this regulation, then that portion
shall be considered to be a separate coating line.
(6) “Process storage” means mixing tanks, holding tanks, and other
tanks, drums, or other containers which contain surface coatings, VOCs, or
recovered VOCs; but does not mean storage tanks of petroleum liquids which
are subject to 401 KAR 59:050, 401 KAR 59:052, or 401 KAR 61:050.
(7) “Classification date” means June 29, 1979.
(8) “VOCs net input” means the total amount of VOCs input to the
affected facility minus the amount of VOCs that are not emitted into the
atmosphere. VOCs that are prevented from being emitted to the atmosphere by
the use of control devices shall not be subtracted from the total for the
purposes of determining VOCs net input. If the nature of any operation or
design of equipment is such as to permit more than one (1) interpretation of
this definition, the interpretation that results in the minimum value for
allowable emission shall apply.
Section 2 .Applicability.
61.100 - 1
-------
This regulation shall apply to each affected facility commenced before the
classification date defined in Section 1 of this regulation which is located
in a county or portion of a county which is designated ozone nonattainment,
f or any nonattainment classification except marginal, under 401 KAR 51:010.
Section 3.Standard for VOCe.
No person shall cause, allow, or permit an affected facility to discharge into
the atmosphere more than fifteen (15) percent by weight of the VOCs net input
into the affected facility.
Section 4 .Compliance.
(1) In all cases the design of any control system shall be subject to
approval by the cabinet.
(2) Compliance with the standard in Section 3 of this regulation shall
be demonstrated by a material balance unless the cabinet determines that a
material balance is not possible. If a material balance is not possible,
compliance shall be determined based upon an engineering analysis by the
cabinet of the control system design, control device efficiency, control
system capture efficiency and any other factors that may influence the
performance of the system. If requested by the cabinet, performance tests
specified by the cabinet shall be conducted to determine the efficiency of the
control device. Capture efficiency shall be determined by procedures
specified in 401 KAR 50:047.
(3) With the prior approval of the cabinet, the owner or operator may
elect to effect all changes necessary to qualify for an exemption under
Section 6 of this regulation.
(4) If deemed necessary by the cabinet, the cabinet shall obtain
samples of the coatings used at an affected facility to verify that the
coatings meet the requirements in Section 6 of this regulation. Appendix A to
40 CFR 60, Method 24, which has been incorporated by reference in 401 KAR
50:015, shall be used as applicable to determine compliance of the coatings
unless the cabinet determines that other methods are more appropriate. Case-
by-case alternatives approved by the cabinet, but not previously authorized by
the U.S. EPA, shall be submitted to the U.S. EPA as a SIP revision.
(5) Compliance on one (1) coating line with VOC emission limits shall
be based on an averaging period not to exceed twenty-four (24) hours. If it
is not economically or technically feasible to determine emissions on a daily
basis, alternatives expressing emission limits for longer averaging times may
be accepted if approved by the cabinet. Case-by-case alternatives approved by
the cabinet, but not previously authorized by the U.S. EPA, shall be submitted
to the U.S. EPA as a (SIP) revision.
(6) The amount of exempt solvents shall be subtracted from the amount
of coatings, just like water, with the ultimate value of interest being the
mass of VOC per unit volume of coating less exempt solvent or water or both.
(7) Calculations to determine equivalency on one (1) coating line
shall be based on mass of VOC per volume of solids.
(8) Daily records shall be maintained by the source for the most
recent two (2) year period. These records shall be made available to the
cabinet or the U.S. EPA upon request. The records shall include, but not be
limited to, the following:
(a) Applicable regulation number;
(b) Application method and substrate type;
(C) Amount and type of adhesive, coating (including catalyst and
reducer for multicomponent coatings), or solvent used at each point of
application, including exempt compounds;
(d) The VOC content as applied in each adhesive, coating, or solvent;
(e) The date for each application for adhesive, coating, or solvent;
(f) The amount of surface preparation, clean-up, or wash-up solvent
(including exempt compounds) used and the VOC content of each; and
(g) Oven temperature, if applicable.
Section 5.Compliance Timetable.
61.100 - 2
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(1) Affected facilities which were subject to this regulation as in
effect on June 29, 1979, shall have achieved final compliance by July 1, 1981.
(2) The owner or operator of an affected facility that becomes subject
to this regulation on or after the effective date of this regulation shall be
required to complete the following:
(a) A final control plan for achieving compliance with this regulation
shall be submitted no later than nine (9) months after the date the affected
facility becomes subject to this regulation.
(b) The control system contract or the exempt coatings and any
accompanying process change contracts shall be awarded no later than eleven
(11) months after the date the affected facility becomes subject to this
regulation.
(c) On-site construction or installation of emission control equipment
or process changes for exempt coatings shall be initiated no later than
thirteen (13) months after the date the affected facility becomes subject to
this regulation.
Cd) On-site construction or installation of emission control equipment
or process changes for exempt coatings shall be completed no later than
seventeen (17) months after the date the affected facility becomes subject to
this regulation.
Ce) Final compliance shall be achieved no later than eighteen months
(18) after the date the affected facility becomes subject to this regulation.
(f) If an affected facility becomes subject to this regulation because
it is located in a county previously designated nonurban nonattainment or
redesignated in 401 KAR 51:010 after November 15, 1990, final compliance may
be extended to May 31, 1995, and the schedule in paragraphs (a) through Cd) of
this subsection adjusted by the cabinet.
Section 6 .Exemptions.
(1) Any affected facility shall be exempt from Section 3 of this
regulation if the VOC content of the coating is less than 0.20 kg/i of coating
(1.7 lb/gal), excluding water or exempt solvent or both, delivered to the
applicators associated with the coating line.
(2) An affected facility shall be exempt from this regulation if the
total VOC emissions from all affected facilities subject to this regulation
are less than or equal to:
(a) Three (3) lb/hr actual emissions before add-on control;
(b) Fifteen (15) lb/day actual emissions before add-on control; or
(c) Ten (10) tons per year theoretical potential emissions based on
design capacity (or maximum production) and 8760 hr/year before add-on
control.
(3) Low-use coatings shall be exempt from Section 3 of this regulation
if the piantwide consumption of these coatings in the aggregate is less than
or equal to fifty-five (55) gallons during the previous twelve (12) months.
Effective Date: June 24, 1992
Date Submitted Date pproved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 JAN 25, 1980 45 FR 6092
AUG 07, 1981 46 FR 40188
1st Revision OCT 20, 1992 JUN 23, 1994 59 FR 32343
61.100 - 3
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401 KAR 61:105. Existing metal furniture surface coating operations.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
RELATES TO: KRS 224.20-100, 224.20-110, 224.20-120; Appendix A to 40 CFR 60
(Method 24); 42 Usc 7401 et. seq.; 42 USC 7407; 42 USC 7408; 42 USC 7410
STATUTORY AUTHORITY: KRS 224.10-100
NECESSITY AND FUNCTION: KRS 224.10-100 requires the Natural Resources and
Environmental Protection Cabinet to prescribe regulations for the prevention,
abatement and control of air pollution. 42 USC 7410 likewise requires the
state to implement standards for national primary and secondary ambient air
quality. This regulation provides for the control of volatile organic
compound emissions from existing metal furniture surface coating operations.
Section 1 .Dafinitiong.
As used in this regulation, all terms not defined in this section shall have
the meaning given to them in 401 KAR 61:001.
(1) “Affected facility” means a coating line for indoor or outdoor
metal furniture.
(2) “Applicator” means the mechanism or device used to apply the
coating, including, but not limited to, dipping, spraying, or flowcoating.
(3) “Flashoff area” means the space between the applicator and the
oven.
(4) “Prime coat” means the first film of coating applied in a two (2)
coat operation which is responsible for protecting the surface from corrosion
and providing for good adhesion of the topcoat.
(5) “Topcoat” means the final film of coating applied in a two (2)
coat operation to obtain desired aesthetic effects.
(6) “Single coat” means a single film coating applied directly to the
metal substrate omitting the prime coat.
(7) “Coating line” means a series of equipment or operations used to
apply, dry, or cure any prime, topcoat or single coatings containing volatile
organic compounds (VOCs). This shall include, but is not limited to:
(a) Mixing operations;
(b) Process storage;
Cc) Applicators;
Cd) Drying operations including, but not limited to, flashoff area
evaporation, oven drying, baking, curing, and polymerization;
Ce) Clean up operations;
(C) Leaks, spills and disposal of VOCS;
(g) Processing and handling of recovered VOC5;
(h) For the purposes of determining compliance with this regulation,
if any equipment or operation is considered to be a part of more than one (1)
coating line, its VOC emissions shall be assigned to each coating line of
which it is a part proportionally to the throughput of VOCs it receives from
or distributes to each coating line;
Ci) If any portion of the series of equipment or operations qualifies
for an exemption according to Section 6 of this regulation, then that portion
shall be considered to be a separate coating line.
(8) “Process storage” means mixing tanks, holding tanks, and other
tanks, drums, or other containers which contain surface coatings, VOCs, or
recovered VOCs; but does not mean storage tanks of petroleum liquids which are
subject to 401 KAR 59:050, 40]. KAR 59:052, or 401 KAR 61:050.
(9) “Metal furniture” means household and business items including but
not limited to tables, chairs, waste baskets, beds, desks, lockers, benches,
shelving, file cabinets, lamps and room dividers.
(10) “Classification date” means June 29, 1979.
(11) “VOCs net input” means the total amount of VOCs input to the
affected facility minus the amount of VOCs that are not emitted into the
atmosphere. VOCs that are prevented from being emitted to the atmosphere by
61.105 - 1
-------
the use of control devices shall not be subtracted from the total for the
purposes of determining VOCs net input. When the nature of any operation or
design of equipment permits more than one (1) interpretation of this
definition, the interpretation that results in the minimum value for allowable
emission shall apply.
Section 2 .Applicability.
This regulation shall apply to each affected facility commenced before the
classification date defined in Section 1 of this regulation which is located
in a county or portion of a county which is designated ozone nonattainment,
for any nonattainment classification except marginal, under 401 KAR 51:010.
Section 3.Standard for VOCs.
No person shall cause, allow, or permit an affected facility to discharge into
the atmosphere more than fifteen (15) percent by weight of the VOCs net input
into the affected facility.
Section 4 .Compliance.
(1) In all cases the design of any control system shall be subject to
approval by the cabinet.
(2) Compliance with the standard in Section 3 of this regulation shall
be demonstrated by a material balance unless the cabinet determines that a
material balance is not possible. If a material balance is not possible,
compliance shall be determined based upon an engineering analysis by the
cabinet of the control system design, control device efficiency, control
system capture efficiency, and any other factors that may influence the
performance of the system. If requested by the cabinet, performance tests
specified by the cabinet shall be conducted to determine the efficiency of the
control device. Capture efficiency shall be determined by procedures
specified in 401 KAR 50:047.
(3) With the prior approval of the cabinet, the owner or operator may
elect to effect all changes necessary to qualify for an exemption under
Section 6 of this regulation.
(4) If deemed necessary by the cabinet, the cabinet shall obtain
samples of the coatings used at an affected facility to verify that the
coatings meet the requirements in Section 6 of this regulation. Appendix A to
40 CFR 60, Method 24, which has been incorporated by reference in 401 KAR
50:015, shall be used as applicable to determine compliance of the coatings,
unless the cabinet determines that other methods would be more appropriate.
Case-by-case alternatives approved by the cabinet, but not previously
authorized by the U.S. EPA, shall be submitted to the U.S. EPA as a SIP
revision.
(5) Compliance on one (1) coating line with VOC emission limits shall
be based on an averaging period not to exceed twenty-four (24) hours. If it
is not economically or technically feasible to determine emissions on a daily
basis, alternatives expressing emission limits for longer averaging times may
be accepted if approved by the cabinet. Case-by-case alternatives approved by
the cabinet, but not previously authorized by the U.S. EPA, shall be submitted
to the U.S. EPA as a SIP revision.
(6) The amount of exempt solvents shall be subtracted from the amount
of coatings, just like water, with the ultimate value of interest being the
mass of VOC per unit volume of coating less exempt solvent or water or both.
(7) Calculations to determine equivalency on one (1) coating line
shall be based on mass of VOC per volume of solids.
(8) Daily records shall be maintained by the source for the most
recent two (2) year period. These records shall be made available to the
cabinet or the U.S. EPA upon request. The records shall include, but not be
limited to, the following:
(a) Applicable regulation number;
(b) Application method and substrate type;
Cc) Amount and type of adhesive, coating (including catalyst and
reducer for multicomponent coatings), or solvent used at each point of
61.105 - 2
-------
application, including exempt compounds;
(d) The VOC content as applied in each adhesive, coating, or solvent,
(e) The date for each application for adhesive, coating, or solvent;
(f) The amount of surface preparation, clean-up, or wash-up solvent
(including exempt compounds) used and the VOC content of each; and
(g) Oven temperature, if applicable.
Section 5.Compliance Timetable.
(1) Affected facilities which were subject to this regulation as in
effect on June 29, 1979, shall have achieved final compliance by August ].,
1981.
(2) The owner or operator of an affected facility that becomes subject
to this regulation on or after the effective date of this regulation shall be
required to complete the following:
(a) A final control plan for achieving compliance with this regulation
shall be submitted no later than nine (9) months after the date the affected
facility becomes subject to this regulation.
(b) The control system contract or the exempt coatings and any
accompanying process change contracts shall be awarded no later than eleven
(11) months after the date the affected facility becomes subject to this
regulation.
(c) On-site construction or installation of emission control equipment
or process changes for exempt coatings shall be initiated no later than
thirteen (13) months after the date the affected facility becomes subject to
this regulation.
(d) On-site construction or installation of emission control equipment
or process changes for exempt coatings shall be completed no later than
seventeen (17) months after the date the affected facility becomes subject to
this regulation.
(e) Final compliance shall be achieved no later than eighteen (18)
months after the affected facility becomes subject to this regulation.
(f) If an affected facility becomes subject to this regulation because
it is located in a county previously designated nonurban nonattainment or
redesignated in 401 KAR 51:010 after November 15, 1990, final compliance may
be extended to May 31, 1995, and the schedule in paragraphs (a) through (d) of
this subsection adjusted by the cabinet.
Section 6 .Exeinptions.
(1) Any affected facility shall be exempt from Section 3 of this
regulation if the VOC content of the coating is less than 0.36 kg/i of coating
(3.0 lb/gal), excluding water or exempt solvent or both, delivered to the
applicators associated with the prime, single or topcoat coating line.
(2) An affected facility shall be exempt from this regulation if the
total VOC emissions from all affected facilities subject to this regulation
are less than or equal to:
(a) Three (3) lb/hr actual emissions before add-on control;
(b) Fifteen (15) lb/day actual emissions before add-on control; or
(c) Ten (10) tons per year theoretical potential emissions based on
design capacity (or maximum production) and 8760 hr/yr before add-on control.
(3) Low-use coatings shall be exempt from Section 3 of this regulation
if the plantwide consumption of these coatings in the aggregate is less than
or equal to fifty-five (55) gallons during the previous twelve (12) months.
Effective Date: June 24, 1992
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 JAN 25, 1980 45 FR 6092
AUG 07, 1981 46 FR 40188
1st Revision OCT 20, 1992 JUN 23, 1994 59 FR 32343
61.105 - 3
-------
401 KAR 61:110. Existing large appliance surface coating operations.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
RELATES TO: KRS 224.20-100, 224.20-110, 224.20-120; Appendix A to 40 CFR 60
(Method 24); 42 Usc 7401 et. seq; 42 USC 7407; 42 USC 7408; 42 USC 7410
STATUTORY AUThORITY: KRS 224.10-100
NECESSITY AND FUNCTION: KRS 224.10-100 requires the Natural Resources and
Environmental Protection Cabinet to prescribe regulations for the prevention,
abatement and control of air pollution. 42 USC 7410 likewise requires the
state to implement standards for national primary and secondary ambient air
quality. This regulation provides for the control of volatile organic
compound emissions from existing large appliance surface coating operations.
Section 1 .Definitions.
As used in this regulation, all terms not defined in this section shall have
the meaning given to them in 401 KAR 61:001.
(1) “Affected facility” means a coating line for large appliances such
as, but not limited to, doors, cases, lids, panels and interior support parts
of residential and commercial washers, dryers, ranges, refrigerators,
freezers, water heaters, dishwashers, trash compactors, and air conditioners.
(2) “Applicator” means the mechanism or device used to apply the
coating, including but not limited to dipping or spraying.
(3) “Flashoff area” means the space between the applicator and the
oven.
(4) “Prime coat” means the first film of coating applied in a two (2)
coat operation.
(5) “Topcoat” means the final film of coating applied in a two (2)
coat operation.
(6) “Single coat” means a single film coating applied directly to the
metal substrate, omitting the prime coat.
(7) “Coating line” means a series of equipment or operations used to
apply, dry, or cure any prime, topcoat, or single coatings containing volatile
organic compounds (VOcs). This shall include, but is not limited to:
(a) Mixing operations;
(b) Process storage;
(c) Applicators;
Cd) Drying operations including, but not limited to, flashoff area
evaporation, oven drying, baking, curing, and polymerization;
Ce) Clean up operations;
(f) Leaks, spills, and disposal of VOC5;
(g) Processing and handling of recovered VOC5;
(h) For the purposes of determining compliance with this regulation,
if any equipment or operation is considered to be a part of more than one (1)
coating line, its VOC emissions shall be assigned to each coating line of
which it is a part proportionally to the throughput of VOCs it receives from
or distributes to each coating line;
Ci) If any portion of the series of equipment or operations qualifies
for an exemption according to Section 6 of this regulation, then that portion
shall be considered to be a separate coating line.
(8) “Process storage” means mixing tanks, holding tanks, and other
tanks, drums, or other containers which contain surface coatings, VOCs, or
recovered VOCs ; but does not mean storage tanks of petroleum liquids which are
subject to 401 ICAR 59:050, 401 KAR 59:052, or 401 KAR 61:050.
(9) “Classification date” means June 29, 1979.
(10) “VOCs net input” means the total amount of VOCs input to the
affected facility minus the amount of VOCs that are not emitted into the
atmosphere. VOCs that are prevented from being emitted to the atmosphere by
the use of control devices shall not be subtracted from the total for the
purposes of determining VOCs net input. If the nature of any operation or
61.110 - 1
-------
design of equipment permits more than one (1) interpretation of this
definition, the interpretation that results in the minimum value for allowabl’
emission shall apply.
Section 2 .Applicability.
This regulation shall apply to each affected facility commenced before the
classification date defined in Section 1 of this regulation which is located
in a county or portion of a county which is designated ozone nonattainment,
for any nonattainment classification except marginal, under 401 KAR 51:010.
Section 3.Standard for VOCs.
No person shall cause, allow, or permit an affected facility to discharge into
the atmosphere more than fifteen (15) percent by weight of the VOCs net input
into the affected facility.
Section 4. Compliance.
(1) In all cases the design of any control system shall be subject to
approval by the cabinet.
(2) Compliance with the standard in Section 3 of this regulation shall
be demonstrated by a material balance, unless the cabinet determines that a
material balance is not possible. If a material balance is not possible,
compliance shall be determined based upon an engineering analysis by the
cabinet of the control system design, control device efficiency, control
system capture efficiency, and any other factors that may influence the
performance of the system. If requested by the cabinet, performance tests
specified by the cabinet shall be conducted to determine the efficiency of the
control device. Capture efficiency shall be determined by procedures
specified in 401 KAR 50:047.
(3) With the prior approval of the cabinet, the owner or operator may
elect to effect all changes necessary to qualify for an exemption under
Section 6 of this regulation. -
(4) If deemed necessary by the cabinet, the cabinet shall obtain
samples of the coatings used at an affected facility to verify that the
coatings meet the requirements in Section 6 of this regulation. Appendix A to
40 CFR 60, Method 24, which has been incorporated by reference in 401 KAR
50:015, shall be used as applicable to determine compliance of the coatings
unless the cabinet determines that other methods would be more appropriate.
Case-by-case alternatives approved by the cabinet, but not previously
authorized by the U.S. EPA, shall be submitted to the U.S. EPA as a SIP
revision.
(5) Compliance on one (1) coating line with VOC emission limits shall
be based on an averaging period not to exceed twenty-four (24) hours. If it
is not economically or technically feasible to determine emissions on a daily
basis, alternatives expressing emissions limits for longer averaging times may
be accepted if approved by the cabinet. Case-by-case alternatives approved by
the cabinet, but not previously authorized by the U.S. EPA, shall be submitted
to the U.S. EPA as a SIP revision.
(6) The amount of exempt solvents shall be subtracted from the amount
of coatings, just like water, with the ultimate value of interest being the
mass of VOC per unit volume of coating less exempt solvent or water or both.
(7) Calculations to determine equivalency on one (1) coating line
shall be based on mass of VOC per volume of solids.
(8) Daily records shall be maintained by the source for the most
recent two (2) year period. These records shall be made available to the
cabinet or the U.S. EPA upon request. The records shall include, but not be
limited to, the following:
(a) Applicable regulation number;
(b) Application method and substrate type;
Cc) Amount and type of adhesive, coating (including catalyst and
reducer for multicomponent coatings), or solvent used at each point of
application, including exempt compounds;
(d) The VOC content as applied in each adhesive, coating, or solvent;
61.110 - 2
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(e) The date for each application for adhesive, coating, or solvent;
(f) The amount of surface preparation, clean-up, or wash-up solvent
(including exempt compounds) used and the VOC content of each; and
(g) Oven temperature, if applicable.
Section 5.Compliance Timetable.
(1) Affected facilities which were subject to this regulation as in
effect on June 29, 1979, shall have achieved final compliance by January 1,
1982.
(2) The owner or operator of an affected facility that becomes subject
to this regulation on or after the effective date of this regulation shall be
required to complete the following:
(a) A final control plan for achieving compliance with this regulation
shall be submitted no later than nine (9) months after the date the affected
facility becomes subject to this regulation.
(b) The control system contract or the exempt coatings and any
accompanying process change contracts shall be awarded no later than eleven
(11) months after the date the affected facility becomes subject to this
regulation.
(c) On-site construction o installation of emission control equipment
or process changes for exempt coatings shall be initiated no later than
thirteen (13) months after the date the affected facility becomes subject to
this regulation.
(d) On-site construction or installation of emission control equipment
or process changes for exempt coatings shall be completed no later than
seventeen (17) months after the date the affected facility becomes subject to
this regulation.
Ce) Final compliance shall be achieved no later than eighteen (18)
months after the date the affected facility becomes subject to this
regulation -
(f) If an affected facility becomes subject to this regulation because
it is located in a county previously designated nonurban nonattainment or
redesignated in 401 KAR 51:010 after November 15, 1990, final compliance may
be extended to May 31, 1995, and the schedule in paragraphs (a) through (d) of
this subsection adjusted by the cabinet.
Section 6. Exemptions.
(1) Any affected facility shall be exempt from Section 3 of this
regulation if the VOC content of the coating is less than 0.34 kg/l of coating
(2.8 lb/gal), excluding water or exempt solvent or both, delivered to the
applicators associated with the prime, single, or topcoat coating line.
(2) Repair coating operations for the purpose of repairing scratches
and nicks that occur during assembly shall be exempt from Section 3 of this
regulation.
(3) An affected facility shall be exempt from this regulation if the
total VOC emissions from all affected facilities subject to this regulation
are less than or equal to:
(a) Three (3) lb/hr actual emissions before add-on control;
(b) Fifteen (15) lb/day actual emissions before add-on control; or
Cc) Ten (10) tons per year theoretical potential emissions based on
design capacity (or maximum production) and 8760 hr/yr before add-on control.
(4) Low-use coatings shall be exempt from Section 3 of this regulation
if the plantwide consumption of these coatings in the aggregate is less than
or equal to fifty-five (55) gallons during the previous twelve (12) months.
Effective Date: June 24, 1992
61.110 - 3
-------
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 JAN 25, 1980 45 FR 6092
AUG 07, 1981 46 FR 40188
1st Revision OCT 20, 1992 JUN 23, 1994 59 FR 32343
61.110 - 4
-------
401 KAR 61:120. Existing fabric, vinyl and paper surface coating operations.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
RELATES TO: KRS 224.20-100, 224.20-110, 224.20-120; Appendix A to 40
CFR 60 (Method 24); 42 USC 7401 et. seq.; 42 USC 7407; 42 USC 7408;
42 USC 7410
STATUTORY AUTHORITY: KRS 224.10-100
NECESSITY AND FUNCTION: KRS 224.lO-100( requires the Natural Resources
and Environmental Protection Cabinet to prescribe regulations for the
prevention, abatement and control of air pollution. 42 Usc 7410 likewise
requires the state to implement standards for national primary and secondary
ambient air quality. This regulation provides for the control of volatile
organic compound emissions from existing fabric, vinyl, or paper surface
coating operations.
Section 1 .Definitions.
As used in this regulation, all terms not defined in this section shall have
the meaning given to them in 401 KAR 61:001.
(1) “Affected facility” means a coating line for fabric, vinyl, or
paper.
(2) “Applicator” means the mechanism or device used to apply the
coating including, but not limited to, roll, knife, or rotogravure coater.
(3) “Flashoff area” means the space between the applicator and the
oven.
(4) “Coating line” means a series of equipment or operations used to
apply, dry, or cure any coatings containing volatile organic compounds (VOCs).
This shall include, but is not limited to:
(a) Mixing operations;
(b) Process storage;
(C) Applicators;
Cd) Drying operations including, but not limited to, flashoff area
evaporation, oven drying, baking, curing, and polymerization;
Ce) Clean up operations,
(f) Leaks, spills and disposal of VOCs;
(g) Processing and handling of recovered VOCs;
(h) For the purpose of determining compliance with this regulation, if
any equipment or operation is considered to be a part of more than one (1)
coating line, its VOC emissions shall be assigned to each coating line of
which it is a part proportionally to the throughput of VOCs it receives from
or distributes to each coating line;
Ci) If any portion of the series of equipment or operations qualifies
for an exemption according to Section 6 of this regulation, then that portion
shall be considered to be a separate coating line.
(j) An affected facility which is capable of performing both paper
coating and paper printing shall be considered as performing a paper printing
operation subject to 401 KAR 61:122.
(5) “Process storage” means mixing tanks, holding tanks, and other
tanks, drums, or other containers which contain surface coatings, VOCs, or
recovered VOCs; but does not mean storage tanks of petroleum liquids which are
subject to 403. KAP. 59:050, 401 KAP. 59:052, or 401 KAR 61:050.
(6) “Fabric coating” means the coating or saturation of a textile
substrate to impart properties that are not initially present, such as
strength, stability, water or acid repellency, functionality, or appearance.
(7) “Vinyl coating” means the coating of vinyl coated fabric or vinyl
sheets, which includes decorative, functional, or protective topcoats or
printing.
(8) “Paper coating” means saturation or the application of a uniform
layer of material across the entire width of a web of paper, pressure
sensitive tapes regardless of substrate, related web coating processes on
61.120 - 1
-------
plastic film such as typewriter ribbons, photographic film, magnetic tape,
functional films, and decorative coatings on metal foil such as gift wrap and
packaging, but does not include the printing of paper.
(9) “Knife coating” means the application of a coating material to a
substrate by means of drawing the substrate beneath a knife that spreads the
coating evenly over the full width of the substrate.
(10) “Roll coating” means the application of a coating material to a
substrate by means of hard rubber or steel rolls.
(11) “Rotogravure coating” means the application of a uniform layer of
material across a substrate by means of a roll coating technique in which the
entire coating roll is uniformly etched with recessed cells and no pattern or
design is present. The coating material is picked up in these recessed cells
and is transferred to the substrate.
(12) “Classification date” means June 29, 1979.
(13) “VOCs net input” means the total amount of VOCs input to the
affected facility minus the amount of VOCs that are not emitted into the
atmosphere. VOCs that are prevented from being emitted to the atmosphere by
the use of control devices shall not ,be subtracted from the total for the
purposes of determining VOCs net input. If the nature of any operation or
design of equipment is such as to permit more than one (1) interpretation of
this definition, the interpretation that results in the minimum value for
allowable emission shall apply.
(14) “Printing” means the formation of words, designs and pictures,
usually by a series of application rolls each with only partial coverage. It
applies to flexographic and rotogravure processes as applied to publication
specialty, and packaging printing as defined in 401 ICAR 61:122.
Section 2 .Applicability.
This regulation shall apply to each affected facility commenced before the
classification date defined in Section 1 of this regulation which is located
in a county or portion of a county which is designated ozone rionattainment,
for any nonattainment classification except marginal, under 401 KAR 51:010.
Section 3. Standard for VOCs.
No person shall cause, allow, or permit an affected facility to discharge into
the atmosphere more than fifteen (15) percent by weight of the VOCs net input
into the affected facility.
Section 4. Compliance.
(1) In all cases the design of any control system shall be subject to
approval by the cabinet.
(2) Compliance with the standard in Section 3 of this regulation shall
be demonstrated by a material balance unless the cabinet determines that a
material balance is not possible. If a material balance is not possible,
compliance shall be determined based upon an engineering analysis by the
cabinet of the control system design, control device efficiency, control
system capture efficiency, and any other factors that may influence the
performance of the system. If requested by the cabinet, performance tests
specified by the cabinet shall be conducted to determine the efficiency of the
control device. Capture efficiency shall be determined by procedures
specified in 401 KAR 50:047.
(3) With the prior approval of the cabinet, the owner or operator may
elect to effect all changes necessary to qualify for an exemption under
Section 6.
(4) If deemed necessary by the cabinet, the cabinet shall obtain
samples of the coatings used at an affected facility to verify that the
coatings meet the requirements in Section 6 of this regulation. appendix A to
40 CFR 60, Method 24, which has been incorporated by reference in 401 KAR
50:015, shall be used as applicable to determine compliance of the coatings
unless the cabinet determines that other methods would be more appropriate.
Case-by-case alternatives approved by the cabinet, but not previously
authorized by the U.S. EPA, shall be submitted to the U.S. EPA as a SIP
61.120 - 2
-------
revision.
(5) Compliance on one (1) coating line with VOC emission limits shall
be based on an averaging period not to exceed twenty-four (24) hours. If it
is not economically or technically feasible to determine emissions on a daily
basis, alternatives expressing emission limits for longer averaging times may
be accepted if approved by the cabinet. Case-by-case alternatives approved by
the cabinet, but not previously authorized by the U.S. EPA, shall be submitted
to the U.S. EPA as a SIP revision.
(6) The amount of exempt solvents shall be subtracted from the amount
of coatings, just like water, with the ultimate value of interest being the
mass of VOC per unit volume of coating less exempt solvent or water or both.
(7) Calculations to determine equivalency on one (1) coating line
shall be based on mass of VOC per volume of solids. Vinyl plastisols and
organisols shall not be included in VOC equivalency calculations that are
required to be included in applications for VOC bubbles.
(8) Daily records shall be maintained by the source for the most
recent two (2) year period. These records shall be made available to the
cabinet or the U.S. EPA upon request. The records shall include, but not be
limited to, the following:
(a) pplicable regulation number;
(b) Application method and substrate type;
(c) Amount and type of adhesive, coating (including catalyst and
reducer for multicomponent coatings), or solvent used at each point of
application, including exempt compounds;
Cd) The VOC content as applied in each adhesive, coating, or solvent;
(e) The date for each application for adhesive, coating, or solvent;
(f) The amount of surface preparation, clean-up, or wash-up solvent
(including exempt compounds) used and the VOC content of each; and
(g) Oven temperature, if applicable.
Section 5. Compliance Timetable.
Cl) Affected facilities which were subject to this regulation as in
effect on June 29, 1979, shall have achieved final compliance-by December 1,
1981.
(2) The owner or operator of an affected facility that becomes subject
to this regulation on or after the effective date of this regulation shall be
required to complete the following:
(a) A final control plan for achieving compliance with this regulation
shall be submitted no later than nine (9) months after the date the affected
facility becomes subject to this regulation.
Cb) The control system contract or the exempt coatings and any
accompanying process change contracts shall be awarded no later than eleven
(11) months after the affected facility becomes subject to this regulation.
(c) On-site construction or installation of emission control equipment
or process changes for exempt coatings shall be initiated no later than
thirteen (13) months after the affected facility becomes subject to this
regulation.
Cd) On-site construction or installation of emission control equipment
or process changes for exempt coatings shall be completed no later than
seventeen (17) months after the affected facility becomes subject o this
regulation.
Ce) Final compliance shall be achieved no later than eighteen (18)
months after the affected facility becomes subject to this regulation.
Cf) If an affected facility becomes subject to this regulation because
it is located in a county previously designated nonurban nonattainment or
redesignated in 401 KAR 51:010 after November 15, 1990, final compliance may
be extended to May 31, 1995, and the schedule in paragraphs (a) through Cd) of
this subsection adjusted by the cabinet.
Section 6. Exemptions.
(1) Any affected facility coating fabric or paper shall be exempt from
Section 3 of this regulation if the VOC content of the coating is less than
0.35 kg/l of coating (2.9 lb/gal), excluding water or exempt solvent or both,
delivered to the applicators associated with the coating line.
(2) Any affected facility coating vinyl shall be exempt from Section 3
of this regulation if the VOC content of the coating is less than 0.45 kg/i of
coating (3.8 lb/gal) excluding water or exempt solvent or both, delivered to
the aopl±cators associated with the coating line.
f ct . d facility shai. be ‘ npt f - n ul io if
61.120 - 3
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total VOC emissions from all affected facilities subject to this regulation
are less than or equal to:
(a) Three (3) lb/hr actual emissions before add-on control;
(b) Fifteen (15) lb/day actual emissions before add-on control; or
(c) Ten (10) tons per year theoretical potential emissions based on
design capacity (or maximum production) and 8760 hr/yr before add-on control.
(4) Low-use coatings shall be exempt from Section 3 of this regulation
if the plantwide consumption of these coatings in the aggregate is less than
or equal to fifty-five (55) gallons during the previous twelve (12) months.
Effective Date: June 24, 1992
Date Submitted Date approved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 ThN 25, 1980 45 FR 6092
ug 07, 1981 46 FR 40188
1st Revision OCT 20, 1992 JUN 23, 1994 59 FR 32343
61.120 - 4
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401 KAR 61:122. Existing graphic arts facilities using rotogravure and
flexography.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
RELATES TO: KRS 224.20-100, 224.20-110, 224.20-120; Appendix A to 40 CFR 60
(Method 24A); 42 Usc 7401 et. seq.; 42 USC 7407; 42 USC 7408; 42 USC 7410
STATUTORY AUTHORITY: KRS 224.10-100
NECESSITY AND FUNCTION: KRS 224.10-100 requires the Natural Resources and
Environmental Protection Cabinet to prescribe regulations for the prevention,
abatement, and control of air pollution. 42 USC 7410 likewise requires the
state to implement standards for national primary and secondary ambient air
quality. This regulation provides for the control of volatile organic
compound emissions from existing graphic arts facilities which use rotogravure
and flexography.
Section 1. Definitions.
As used in this regulation, all terms not defined in this section shall have
the meaning given to them in 401 KAR 61:001.
(1) “Affected facility” means a printing line for packaging
rotogravure, publication rotogravure, specialty rotogravure, and flexographic
printing.
(2) “Applicator” means the mechanism or device used to apply the ink.
(3) “Flashoff area” means the space between the applicator and the
oven.
(4) “Printing line” means a series of equipment or operations used to
apply, dry, or cure any inks containing volatile organic compounds (VOCs).
This shall include, but is not limited to:
(a) Mixing operations;
(b) Process storage;
Cc) Applicators;
(d) Drying operations including, but not limited to, flashoff area
evaporation, oven drying, baking, curing, and polymerization;
Ce) Clean up operations;
if) Leaks, spills and disposal of VOCS;
(g) Processing and handling of recovered VOC5;
(h) For the purposes of determining compliance with this regulation,
if any equipment or operation is considered to be a part of more than one (1)
printing line, its VOC emissions shall be assigned to each printing line of
which it is a part proportionally to the throughput of VOCs it receives from
or distributes to each printing line;
(i) If any portion of the series of equipment or operations qualifies
for an exemption according to Section 6 of this regulation, then that portion
shall be considered to be a separate printing line;
(j) All units in a machine which has both coating and printing units
shall be considered as performing a printing operation.
(5) “Process storage” means mixing tanks, holding tanks, and other
tanks, drums, or other containers which contain inks, VOCs, or recovered VOCs;
but does not mean storage tanks of petroleum liquids which are subject to 401
KAR 59:050, 401 KAR 59:052, or 401 KAR 61:050.
(6) “Printing” means the formation of words, designs, and pictures,
usually by a series of application rolls each with only partial coverage. It
applies to flexographic and rotogravure processes as applied to publication,
specialty, and packaging printing.
(7) “Coating” means the application of a uniform layer of material
across the entire width of a web.
(8) “Classification date” means February 4, 1981.
(9) “VOCs net input” means the total amount of VOCs input to the
affected facility minus the amount of VOCs that are not emitted into the
atmosphere. VOCs that are prevented from being emitted to the atmosphere by
61.122 - 1
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the use of control devices shall not be subtracted from the total for the
purposes of determining VOCs net input. If the nature of any operation or
design of equipment permits more than one (1) interpretation of this
definition, the interpretation that results in the minimum value for allowable
emissions shall apply.
(10) “Packaging rotogravure printing” means rotogravure printing upon
paper, paper board, metal foil, plastic film, and other substrates, which are,
in subsequent operations, formed into packaging products and labels for
articles to be sold.
(11) “Publication rotogravure printing” means rotogravure printing upon
paper which is subsequently formed into books, magazines, catalogues,
brochures, directories, newspaper supplements, and other types of printed
materials.
(12) “Flexographic printing” means the application of words, designs
and pictures to a substrate by means of a roll printing technique in which the
pattern to be applied is raised above the printing roll and the image carrier
is made of rubber or other elastomeric materials.
(13) “Rotogravure printing” means the application of words, designs,
and pictures to a substrate by means of a roll printing technique which
involves intaglio or recessed image areas in the form of cells.
(14) “Roll printing” means the application of words, designs, and
pictures to a substrate by means of a series of hard rubber or steel rolls
each with only partial coverage.
(15) “specialty rotogravure printing” means all rotogravure printing
except packaging rotogravure and publication rotogravure printing. It
includes, but is not limited to, rotogravure printing on paper cups and
plates, patterned giftwrap, wallpaper and floor coverings.
Section 2 .Applicability.
This regulation shall apply to each affected facility commenced before the
classification date defined in Section 1. of this regulation which is located
in a county or portion of a county which is designated ozone nonattainment,
for any nonattainment classification except marginal, under 401 KAR 51:010.
Section 3.Standard for VOCs.
(1) No person shall cause, allow, or permit an affected facility for
publication rotogravure printing to discharge into the atmosphere more than
twenty-five (25) percent by weight of the VOCs net input into the affected
facility.
(2) No person shall cause, allow or permit an affected facility for
packaging rotogravure printing or specialty rotogravure printing to discharge
into the atmosphere more than thirty-five (35) percent by weight of the VOCs
net input into the affected facility.
(3) No person shall cause, allow, or permit an affected facility for
flexographic printing to discharge into the atmosphere more than forty (40)
percent by weight of the VOCs net input into the affected facility.
Section 4 .Compliance.
(1) In all cases the design of any control system shall be subject to
approval by the cabinet.
(2) Compliance with the standard in Section 3 of this regulation shall
be demonstrated by a material balance unless the cabinet determines that a
material balance is not possible. If a material balance is not possible,
compliance shall (will] be determined based upon an engineering analysis by
the cabinet of the control system design, control device efficiency, control
system capture efficiency, and any other factors that may (could] influence
the performance of the system. If requested by the cabinet, performance tests
specified by the cabinet shall be conducted to determine the efficiency of the
control device. Capture efficiency shall be determined by procedures
specified in 401 KAR 50:047.
(3) With the prior approval of the cabinet, the owner or operator may
elect to effect all changes necessary to quality for an exemption under
61.122 - 2
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Section 6 of this regulation.
(4) If deemed necessary by the cabinet, the cabinet shall obtain
samples of the inks used at an affected facility to verify that the inks meet
the requirements in Section 6 of this regulation. Appendix A to 40 CFR 60,
Method 24A, which has been incorporated by reference in 401 KAR 50:015, shall
be used as applicable unless the cabinet determines that other methods would
be more appropriate. Case-by-case alternatives approved by the cabinet, but
not previously authorized by the U.S. EPA, shall be submitted to the U.S. EPA
as a SIP revision.
(5) The amount of exempt solvents shall be subtracted from the amount
of inks, just like water, with the ultimate value of interest being the mass
of VOC per unit volume of ink less exempt solvent or water or both.
(6) Daily records shall be maintained by the source for the most
recent two (2) year period. These records shall be made available to the
cabinet or the U.S. EPA upon request. The records shall include, but not be
limited to, the following:
(a) I pplicable regulation number;
(b) Application method and substrate type;
(C) Amount and type of graphic arts material or solvent used at each
point of application, including exempt compounds;
(d) The VOC content as applied in each graphic arts material or
solvent;
(e) The date for each application for graphic arts material or
solvent;
(f) The amount of surface preparation, clean-up, or wash-up solvent
(including exempt compounds) used and the VOC content of each; and
(g) Oven temperature, if applicable.
Section 5.Compliance Timetable.
(1) Affected facilities which were subject to this regulation as in
effect on February 4, 1981, shall have achieved final compliance by December
31, 1982.
(2) The owner or operator of an affected facility shall be required to
complete the following:
(a) A final control plan for achieving compliance with this regulation
shall be submitted no later than nine (9) months after the date the affected
facility becomes subject to this regulation.
(b) The control system contract or the exempt inks and any
accompanying process change contracts shall be awarded no later than eleven
(11) months after the date the affected facility becomes subject to this
regulation.
Cc) On-site construction or installation of emissions control
equipment or process changes for exempt inks shall be initiated no later than
thirteen (13) months after the date the affected facility becomes subject to
this regulation.
Cd) On-site construction or installation of emission control equipment
or process changes for exempt inks shall be completed no later than seventeen
(17) months after the date the affected facility becomes subject to this
regulation.
(e) Final compliance shall be achieved no later than eighteen (18)
months after the date the affected facility becomes subject to this
regulation.
(f) If an affected facility becomes subject to this regulation because
it is located in a county previously designated nonurban nonattainment or
redesignated in 401 KAR 51:010 after November 15, 1990, final compliance may
be extended to May 31, 1995, and the schedule in paragraphs (a) through Cd) of
this subsection adjusted by the cabinet.
Section 6 .Exemptions.
Any affected facility shall be exempt from Section 3 of this regulation if the
printing systems:
(1) Utilize a water-borne ink whose volatile portion consists of
61.122 - 3
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seventy-five (75) volume percent water and twenty-five (25) volume percent
organic solvent (or a lower VOC [ volatile organic compound] content) in all
printing units;
(2) Achieve a seventy (70) volume percent overall reduction of solvent
usage (compared to all solvent-borne ink usage);
(3) Utilize inks which, excluding water, contain sixty (60) percent or
more by volume non-volatile material as applied to the substrate; or
(4) Utilize inks with an emission limit of 0.5 lb VOC/lb solids as
delivered to the applicator.
Effective Date: June 24, 1992
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg FEB 05, 1982. NOV 24, 1982. 46 FR 57486
MAR 30, 1983 48 FR 13168
1st Revision OCT 20, 1992 JUN 23, 994 59 FR 32343
61.122 - 4
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401 ICAR 61:124. Existing factory surface coating operations of flat wood
paneling.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
RELATES TO: KRS 224.20-100, 224.20-110, 223.20-120; Appendix A to 40 CFR 60
(Method 24); 42 USC 7401 et. seq.; 42 USC 7407; 42 USC 7408; 42 USC 7410
STATUTORY AUTHORITY: KRS 224.10-100
NECESSITY AND FUNCTION: KRS 224.10-100 requires the Natural Resources and
Environmental Protection Cabinet to prescribe regulations for the prevention,
abatement and control of air pollution. 42 USC 7410 likewise requires the
state to implement standards for national primary and secondary ambient air
quality. This regulation provides for the control of volatile organic
compound emissions from existing factory surface coating operations of flat
wood paneling.
Section 1 .Definitions.
As used in this regulation, all terms not defined in this section shall have
the meaning given to them in 401 KAR 61:001.
(1) “Affected facility” means a coating line for the factory surface
coating of interior flat wood paneling.
(2) “Applicator” means the mechanism or device used to apply the
coating including but not limited to roll coaters, curtain coaters, sprays and
brushes.
(3) “Flashoff area” means the space between the applicator and the
oven.
(4) “Coating line” means a series of equipment or operations used to
apply, dry, or cure coatings containing volatile organic compounds (VOCs).
This shall include, but is not limited to:
Ca) Mixing operations;
(b) Process storage;
Cc) Applicators;
Cd) Drying operations including, but not limited to, flashoff area
evaporation, oven drying, baking, curing, and polymerization;
(e) Clean up operations;
(f) Leaks, spills and disposal of VOCs;
(g) Processing and handling of recovered VOCB;
(h) For the purposes of determining compliance with this regulation,
if equipment or an operation is considered to be a part of more than one (1)
coating line, its VOC emissions shall be assigned to each coating line of
which it is a part proportionally to the throughput of VOC it receives from or
distributes to each coating line;
Ci) If a portion of the series of equipment or operations qualifies
for an exemption according to Section 6, then that portion shall be considered
to be a separate coating line.
(5) “Process storage” means mixing tanks, holding tanks, and other
tanks, drums, or other containers which contain surface coatings, VOCs, or
recovered VOCs; but does not mean storage tanks of petroleum liquids which
are subject to 401 KAR 59:050, 401 KP.R 59:052, or 401 KAR 61:050.
(6) “Interior flat wood paneling” means printed interior wall panels
made of hardwood plywood and thin particleboard, natural finish hardwood
plywood panels, or hardboard paneling with Class II finishes.
(7) “Printed panels” means panels whose grain or natural surface is
obscured by fillers and basecoats upon which a simulated grain or decorative
pattern is printed.
(8) “Hardwood plywood” means plywood whose surface layer is a veneer
of hardwood.
(9) “Particleboard” means a manufactured board made of individual wood
particles which have been coated with a binder and formed into flat sheets by
pressure. Thin particleboard has a thickness of one-fourth (1/4) inch or less.
61.124 - 1
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(10) “Natural finish hardwood plywood panels” means panels whose
original grain pattern is enhanced by essentially transparent finishes
frequently supplemented by fillers and toners.
(11) “Iiardboard” means a panel manufactured primarily from interfelted
].ignocellulosic fibers which are consolidated under heat and pressure in a
hot-press.
(12) “Class II hardboard paneling finishes” means finishes which meet
the specifications of Voluntary Product Standard PS-59-73, which has been
incorporated by reference in 40]. KAR 50:015, as approved by the American
National Standards Institute.
(13) “Classification date” means February 4, 1981.
(14) “VOCs net input” means the total amount of VOCs input to the
affected facility minus the amount of VOCs that are not emitted into the
atmosphere. VOC5 that are prevented from being emitted to the atmosphere by
the use of control devices shall not be subtracted from the total for the
purposes of determining VOCs net input. If the nature of an operation or a
design of equipment permits more than one (1) interpretation of this
definition, the interpretation that results in the minimum value for allowable
emission shall apply.
Section 2 .Applicability.
This regulation shall apply to each affected facility commenced before the
classification date defined in Section 1 of this regulation which is located
in a county or portion of a county which is designated ozone nonattainment,
for any nonattainment classification except marginal, under 401 KAR 51:010.
Section 3.Standard for VOCs.
No person shall cause, allow, or permit an affected facility to discharge into
the atmosphere more than fifteen (15) percent by weight of the VOCs net input
into the affected facility.
Section 4 .Compliance.
(1) In all cases the design of a control system is subject to approval
by the cabinet.
(2) Compliance with the standard in Section 3 of this regulation shall
be demonstrated by a material balance unless the cabinet determines that a
material balance is not possible. If a material balance is not possible,
compliance shall be determined based upon an engineering analysis by the
cabinet of the control system design, control device efficiency, control
system capture efficiency, and other factors that could influence the
performance of the system. If requested by the cabinet, performance tests
specified by the cabinet shall be conducted to determine the efficiency of the
control device. Capture efficiency shall be determined by procedures
specified in 401 KAR 50:047.
(3) With the prior approval of the cabinet, the owner or operator may
elect to effect all changes necessary to qualify for an exemption under
Section 6 of this regulation.
(4) If deemed necessary by the cabinet, the cabinet shall obtain
samples of the coatings used at an affected facility to verify that the
coatings meet the requirements in Section 6 of this regulation. Appendix A to
40 CFR 60, Method 24, which has been incorporated by reference in 401 KAR
50:015, shall be used as applicable to determine compliance of the coatings
unless the cabinet determines that other methods would be more appropriate.
Case-by-case alternatives approved by the cabinet, but not previously
authorized by the U.S. EPA, shall be submitted to the U.S. EPA as a SIP
revision.
(5) Compliance on one (1) coating line with VOC emission limits shall
be based on an averaging period not to exceed twenty-four (24) hours. If it
is not economically or technically feasible to determine emissions on a daily
basis, alternatives expressing emission limits for longer averaging time may
be accepted if approved by the cabinet. Case-by-case alternatives approved by
the cabinet, but not previously authorized by the U.S. EPA, shall be submitted
61.124 - 2
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to the U.S. EPA as a SIP revision.
(6) The amount of exempt solvents shall be subtracted from the amount
of coatings, just like water, with the ultimate value of interest being the
mass of VOC per unit volume of coating less exempt solvent or water or both.
(7) Calculations to determine equivalency on one (1) coating line
shall be based on mass of VOC per volume of solids.
(8) Daily records shall be maintained by the source for the most
recent two (2) year period. These records shall be made available to the
cabinet or the U.S. EPA upon request. The records shall include, but not be
limited to, the following:
(a) . pplicable regulation number;
(b) pplication method and substrate type;
Cc) Pmount and type of adhesive, coating (including catalyst and
reducer for multicomponent coatings), or solvent used at each point of
application, including exempt compounds;
(d) The VOC content as applied in each adhesive, coating, or solvent;
(e) The date for each application for adhesive, coating, or solvent;
(f) The amount of surface preparation, clean-up, or wash-up solvent
(including exempt compounds) used and the VOC content of each; and
(g) Oven temperature, if applicable.
Section 5.Compliance Timetable.
(1) Affected facilities which were subject to this regulation as in
effect on February 4, 1981, shall have achieved final compliance by December
31, 1982.
(2) The owner or operator of an affected facility that becomes subject
to this regulation on or after the effective date of this regulation shall be
required to complete the following:
(a) Submit a final control plan for achieving compliance with this
regulation no later than nine (9) months after the date the affected facility
becomes subject to this regulation.
(b) Award a contract for the control system or for the exempt coatings
and accompanying process change no later than eleven (11) months after the
date the affected facility becomes subject to this regulation.
(c) Initiate on-site construction or installation of emission control
equipment or process changes for exempt coatings no later than thirteen (13)
months after the date the affected facility becomes subject to this
regulation.
(d) On-site construction or installation of emission control equipment
or process changes for exempt coatings shall be completed no later than
seventeen (17) months after the date the affected facility becomes subject to
this regulation.
Ce) Final compliance shall be achieved no later than eighteen (18)
months after the date the affected facility becomes subject to this
regulation.
(f) If an affected facility becomes subject to this regulation because
it is located in a county previously designated nonurban nonattainment or
redesignated in 401 KAR 51:010 after November 15, 1990, final compliance may
be extended to May 31, 1995, and the schedule in paragraphs (a) through Cd) of
this subsection adjusted by the cabinet.
Section 6 .Exemptions.
(1) An affected facility shall be exempt from Section 3 of this
regulation if the total VOC content of all the coatings applied to a specific
area of finished paneling product is:
(a) Less than 2.9 kg of VOC5 per 100 sq. m. of coated surface (6.0
lb/1,000 sq.ft.) for printed interior wall panels made of hardwood plywood and
thin particleboard;
(b) Less than 5.8 kg of VOCs per 100 sq. m. of coated surface (12.0
lb/l,000 sq. ft) for natural finish hardwood plywood panels; or
Cc) Less than 4.8 kg of VOCs per 100 sq. m. of coated surface (10.0
lb/1,000 sq. ft) for Class II finishes for hardboard paneling.
61.124 - 3
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(2) Low-use coatings shall be exempt from Section 3 of this regulatioi
if the p].antwide consumption of these coatings in the aggregate is less than
or equal to fifty- five (55) gallons during the previous twelve (12) months.
(3) An affected facility shall be exempt from this regulation if the
total VOC emissions from all affected facilities subject to this regulation
are less than or equal to;
(a) Three (3) lb/hour actual emissions before add-on control;
(b) Fifteen (15) lb/day actual emissions before add-on control; or
(c) Ten (10) tons per year theoretical potential emissions based on
design capacity (or maximum production) and 8760 hr/yr before add-on control.
Effective Date: June 24, 1992
Date Submitted Date approved Federal
to EPA by EPA Register
Original Reg FEB 05, 1981 NOV 24, 1981 46 FR 57486
MAR 30, 1983 48 FR 13168
1st Revision OCT 20, 1992 JUN 23, 1994 59 FR 32343
61.124 - 4
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401 KAR 61:125. Existing can surface coating operations.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
RELATES TO: KRS 224.20-100, 224.20-110, 224.20-120; Appendix A to 40 CFR
60 (Method 24); 42 Usc 7401 et. seq.; 42 usc 7407; 42 usc 7408; 42 usc 7410
STATUTORY AUTHORITY: KRS 224.10-100
NECESSITY AND FUNCTION: KRS 224.10-100 requires the Natural Resources and
Environmental Protection Cabinet to prescribe regulations for the prevention,
abatement and control of air pollution. 42 USC 7410 likewise requires the
state to implement standards for national primary and secondary ambient air
quality. This regulation provides for the control of volatile organic
compound emissions from existing can surface coating operations.
Section 1. Definitions.
As used in this regulation, all terms not defined in this section shall have
the meaning given to them in 401 KAR 61:001.
(1) “Affected facility” means a coating line for cans.
(2) “Applicator” means the mechanism or device used to apply the
coating including but not limited to spray or roller.
(3) “Flashoff area” means the space between the applicator and the
oven.
(4) “End sealing compound” means a synthetic rubber compound which is
coated onto can ends and functions as a gasket when the end is assembled on
the can.
(5) “Exterior base coating” means a coating applied to the exterior of
a can to provide exterior protection to the metal and background for the
lithographic or printing operation.
(6) “Interior base coating” means a coating applied by roller coater
or spray to the interior of a can to provide a protective lining between the
can metal and product.
(7) “Interior body spray” means a coating sprayed on the interior of
the can body to provide a protective film between the product and the can.
(8) “Overvarnish” means a coating applied directly over ink to reduce
the coefficient of friction, to provide gloss and to protect the finish
against abrasion and corrosion.
(9) “Three (3) piece can side-seam spray” means a coating sprayed on
the exterior and interior of a welded, cemented or soldered seam to protect
the exposed metal.
(10) “Two (2) piece can exterior end coating” means a coating applied
by roller coating or spraying to the exterior end of a can to provide
protection to the metal.
(11) “Coating line” means a series of equipment or operations used to
apply, dry, or cure any coatings containing volatile organic compounds (VOCs).
This shall include, but is not limited to:
(a) Mixing operations;
(b) Process storage;
(C) Applicators;
Cd) Drying operations including, but not limited to, flashoff area
evaporation, oven drying, baking, curing, and polymerization;
(e) Clean up operations;
(f) Leaks, spills and disposal of VOCs;
(g) Processing and handling of recovered VOCs;
(h) For the purposes of determining compliance with this regulation,
if any equipment or operation is considered to be a part of more than one (1)
coating line, its VOC emissions shall be assigned to each coating line of
which it is a part proportionally to the throughput of VOCs it receives from
or distributes to each coating line;
Ci) If any portion of the series of equipment or operations qualifies
for an exemption according to Section 6 of this regulation, then that portion
61.125 - 1
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shall be considered to be a separate coating line.
(12) “Process storage” means mixing tanks, holding tanks, and other
tanks, drums, or other containers which contain surface coatings, VOCs, or
recovered VOCs; but does not mean storage tanks of petroleum liquids which
are subject to 40]. KAR 59:050, 401 KAR 59:052, or 40]. KAR 61:050.
(13) “Classification date” means June 29, 1979.
(14) “VOCS net input” means the total amount of VOCs input to the
affected facility minus the amount of VOCS that are not emitted into the
atmosphere. VOCs that are prevented from being emitted to the atmosphere by
the use of control devices shall not be subtracted from the total for the
purposes of determining VOCs net input. If the nature of any operation or
design of equipment permits more than one (1) interpretation of this
definition, the interpretation that results in the minimum value for allowable
emission shall apply.
Section 2. Applicability.
This regulation shall apply to each affected facility commenced before the
classification date defined in Section 1 of this regulation which is located
in a county or portion of a county which is designated ozone nonattainment,
for any nonattainment classification except marginal, under 40]. KAR 51:010.
Section 3. Standard for VOCg.
No person shall cause, allow, or permit an affected facility to discharge into
the atmosphere more than fifteen (15) percent by weight of the VOCs net input
into the affected facility.
Section 4. Compliance.
(1) In all cases the design of any control system shall be subject to
approval by the cabinet.
(2) Compliance with the standard in Section 3 of this regulation shall
be demonstrated by a material balance, unless the cabinet determines that a
material balance is not possible. If a material balance is not possible,
compliance shall be determined based upon an engineering analysis by the
cabinet of the control system design, control device efficiency, control
system capture efficiency, and any other factors that may influence the
performance of the system. If so requested by the cabinet, performance tests
as specified by the cabinet shall be conducted in order to determine the
efficiency of the control device. Capture efficiency shall be determined by
procedures specified in 401 KAR 50:047.
(3) With the prior approval of the cabinet, the owner or operator may
elect to effect all changes necessary to qualify for an exemption u ider
Section 6 of this regulation.
(4) If deemed necessary by the cabinet, the cabinet shall obtain
samples of the coatings used at an affected facility to verify that the
coatings meet the requirements in Section 6 of this regulation. Appendix A to
40 CFR 60, Method 24, which has been incorporated by reference in 401 KAR
50:015, shall be used as applicable to determine compliance of the coatings
the cabinet determines that other methods would be more appropriate. Case-by-
case alternatives approved by the cabinet, but not previously authorized by
the U.S. EPA, shall be submitted to the U.S. EPA as a SIP revision.
(5) Compliance with VOC emission limits shall be based on an averaging
period not to exceed twenty-four (24) hours. If it is not economically or
technically feasible to determine emissions on a daily basis, alternatives
expressing emission limits for longer averaging times may be accepted if
approved by the cabinet. Case-by-case alternatives approved by the cabinet,
but not previously authorized by the U.S. EPA, shall be submitted to the U.S.
EPA as a SIP revision.
(6) The amount of exempt solvents shall be subtracted from the amount
of coatings, just like water, with the ultimate value of interest being the
mass of VOC per unit volume of coating less exempt solvent or water or both.
(7) Calculations to determine equivalency shall be based on mass of
VOC per volume of solids.
61.125 - 2
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(B) Daily records shall be maintained by the source for the most
recent two (2) year period. These records shall be made available to the
cabinet or the U.S. EPA upon request. The records shall include, but not be
limited to, the following:
(a) Applicable regulation number;
(b) Application method and substrate type;
Cc) Amount and type of adhesive, coating (including catalyst and
reducer for mu].ticomponent coatings), or solvent used at each point of
application, including exempt compounds;
Cd) The VOC content as applied in each adhesive, coating, or solvent;
(e) The date for each application for adhesive, coating, or solvent;
(f) The amount of surface preparation, clean-up, or wash-up solvent
(including exempt compounds) used and the VOC content of each; and
(g) Oven temperature, if applicable.
Section 5. Compliance Timetable.
(1) Affected facilities which were subject to this regulation as in
effect on June 29, 1979, shall have achieved final compliance by August 1,
1981.
(2) The owner or operator of an affected facility that becomes subject
to this regulation on or after the effective date of this regulation shall be
required to complete the following:
(a) A final control plan for achieving compliance with this regulation
shall be submitted no later than nine (9) months after the date the affected
facility becomes subject to this regulation.
(b) The control system contract or the exempt coatings and any
accompanying process change contracts shall be awarded no later than eleven
(11) months after the date the affected facility becomes subject to this
regulation.
(c) On-site construction or installation of emission control equipment
or process changes for exempt coatings shall be initiated no later than
thirteen (13) months after the date the affected facility becomes subject to
this regulation.
Cd) On-site construction or installation of emission control equipment
or
process changes for exempt coatings shall be completed no later than
seventeen (17) months after the date the affected facility becomes subject to
this regulation.
(e) Final compliance shall be achieved no later than eighteen (18)
months after the date the affected facility becomes subject to this
regulation.
(f) If an affected facility becomes subject to this regulation because
it is located in a county previously designated nonurban nonattainment or
redesignated in 401 ICAR 51:010 after November 15, 1990, final compliance may
be extended to May 31, 1995, and the schedule in paragraphs (a) through Cd) of
this subsection adjusted by the cabinet.
Section 6. ExeluptionE.
Any affected facility shall be exempt from Section 3 of this regulation if the
VOC content of the coating iS:
(1) Less than 0.34 kg/i of coating (2.8 lb/gal), excluding water, or
exempt solvent or both, delivered to the applicators associated with the sheet
basecoat (exterior and interior) and overvarnish or two (2) piece can exterior
(basecoat and overvarnish) coating lines;
(2) Less than 0.51 kg/l of coating (4.2 lb/gal), excluding water, or
exempt solvent or both, delivered to the applicators associated with the two
(2) and three (3) piece can interior body spray or two (2) piece can exterior
end (spray or roll coat) coating lines;
(3) Less than 0.66 kg/i of coating (5.5 lb/gal), excluding water, or
exempt solvent or both, delivered to the applicators associated with the three
(3) piece can side-seam spray coating line;
61.12c - 3
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(4) Less than 0.44 kg/i of coating (3.7 lb/gal), excluding water, or
exempt solvent or both, delivered to the applicators associated with the end
sealing compound coating line.
(5) An affected facility shall be exempt from this regulation if the
total VOC emissions from all affected facilities subject to this regulation
are less than or equal to:
(a) Three (3) lb/hr actual emissions before add-on controls
(b) Fifteen (15) lb/day actual emissions before add-on control; or
(c) Ten (10) tons per year theoretical potential emissions based on
design capacity (or maximum production) and 8760 hr/yr before add-on control.
(6) Low-use coatings shall be exempt from Section 3 of this regulation
if the plantwide consumption of these coatings in the aggregate is less than
or equal to fifty-five (55) gallons during the previous twelve (12) months.
Effective Date: June 24, 1992
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 JAN 25, 1980 45 FR 6092
AUG 07, 1981 46 FR 40188
1st Revision OCT 20, 1992 JUN 23, 1994 59 FR 32343
61.125 - 4
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401 KAR 61:130. Existing coil surface coating operations.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
RELATES TO: KRS 224.20-100, 224.20-110, 224.20-120; Appendix A to 40 CFR 60
(Method 24); 42 Usc 7401 et. seq.; 42 USC 7407; 42 USC 7408; 42 USC 7410
STATUTORY AUTHORITY: KRS 224 .10-100
NECESSITY AND FUNCTION: KRS 224.10-100 requires the Natural Resources and
Environmental Protection Cabinet to prescribe regulations for the prevention,
abatement and control of air pollution. 42 USC 7410 likewise requires the
state to implement standards for national primary and secondary ambient air
quality. This regulation provides for the control of volatile organic
compound emissions from existing coil surface coating operations.
Section 1 .Definitions.
As used in this regulation, all terms not defined in this section shall have
the meaning given to them in 401 ICAR 61:001.
(1) “Affected facility” means a coating line for metal sheets or
strips that come in rolls or coils.
(2) “Applicator” means the mechanism or device used to apply the
coating, including but not limited to, roller or spray.
(3) “Quench area” means a chamber where the hot metal exiting the oven
is cooled by either a spray of water or a blast of air followed by water
cooling.
(4) “Prime coat” means the first film of coating applied in a two (2)
coat operation which is responsible for protecting the surface from corrosion
and providing for good adhesion of the topcoat.
(5) “Topcoat” means the final film of coating applied in a two (2)
coat operation to obtain desired aesthetic effects.
(6) “Single coat” means a single film coating applied directly to the
metal substrate omitting the prime coat.
(7) “Coating line” means a series of equipment or operations used to
apply, dry, or cure any prime, topcoat, or single coatings containing volatile
organic compounds (VOCs). This shall include, but is not limited to:
(a) Mixing operations;
(b) Process storage;
(c) Applicators;
(d) Drying operations including, but not limited to, quench area, oven
drying, baking, curing, and polymerization;
(e) Clean up operations;
(f) Leaks, spills, and disposal of VOC5;
(g) Processing and handling of recovered VOCs;
(h) For the purposes of determining compliance with this regulation,
if any equipment or operation is considered to be a part of more than one (1)
coating line, its VOC emissions shall be assigned to each coating line of
which it is a part proportionally to the throughput of VOCs it receives from
or distributes to each coating line;
Ci) If any portion of the series of equipment or operations qualifies
for an exemption according to Section 6 of this regulation, then that portion
shall be considered to be a separate coating line.
(8) “Process storage” means mixing tanks, holding tanks, and other
tanks, drums, or other containers which contain surface coatings, VOCs, or
recovered VOC5; but does not mean storage tanks of petroleum liquids which
are subject to 401 KAR 59:050, 401 KAR 59:052, or 401 KAR 61:050.
(9) “Classification date” means June 29, 1979.
(10) “VOCs net input” means the total amount of VOC5 input to the
affected facility minus the amount of VOCs that are not emitted into the
atmosphere. VOCs that are prevented from being emitted to the atmosphere by
the use of control devices shall not be subtracted from the total for the
purpose of determining VOCs net input. If the nature of any operation or
61.130 — 1
-------
design of equipment permits more than one (1) interpretation of this
definition, the interpretation that results in the minimum value for allowable
emission shall apply.
Section 2 .Applicability.
This regulation shall apply to each affected facility commenced before the
classification date defined in Section 1 of this regulation which is located
in a county or portion of a county which is designated ozone nonattainment,
for any nonattainment classification except marginal, under 401 KAR 51:010.
Section 3.Standard for VOCs.
No person shall cause, allow, or permit an affected facility to discharge into
the atmosphere more than fifteen (15) percent by weight of the VOCs net input
into the affected facility.
Section 4 .Compliance.
(1) In all cases the design of any control system shall be subject to
approval by the cabinet.
(2) Compliance with the standard in Section 3 of this regulation shall
be demonstrated by a material balance, unless the cabinet determines that a
material balance is not possible. If a material balance is not possible,
compliance shall be determined based upon an engineering analysis by the
cabinet of the control system design, control device efficiency, control
system capture efficiency, and any other factors that may influence the
performance of the system. If requested by the cabinet, performance tests
specified by the cabinet shall be conducted to determine the efficiency of the
control device. Capture efficiency shall be determined by procedures
specified in 401 KAR 50:047.
(3) With the prior approval of the cabinet, the owner or operator may
elect to effect all changes necessary to qualify for an exemption under
Section 6 of this regulation.
(4) If deemed necessary by the cabinet, the cabinet shall obtain
samples of the coatings used at an affected facility to verify that the
coatings meet the requirements in Section 6 of this regulation. Ippendix A to
40 CFR 60, Method 24, which has been incorporated by reference in 401 KAP.
50:015, shall be used as applicable to determine compliance of the coatings,
unless the cabinet determines that other methods would be more appropriate.
Case-by-case alternatives approved by the cabinet, but not previously
authorized by the U.S. EPA, shall be submitted to the U.S. EPA as a SIP
revision.
(5) Compliance on one (1) coating line with VOC emission limits shall
be based on an averaging period not to exceed twenty-four (24) hours. If it
is not economically or technically feasible to determine emissions on a daily
basis, alternatives expressing emission limits for longer averaging times may
be accepted if approved by the cabinet. Case-by-case alternatives approved by
the cabinet, but not previously authorized by the U.S. EPA, shall be submitted
to the U.S. EPA as a SIP revision.b
(6) The amount of exempt solvents shall be subtracted from the amount
of coatings, just like water, with the ultimate value of interest being the
mass of VOC per unit volume of coating less exempt solvent or water or both.
(7) Calculations to determine equivalency on one (1) coating line
shall be based on mass of VOC per volume of solids.
(8) Daily records shall be maintained by the source for the most
recent two (2) year period. These records shall be made available to the
cabinet or the U.S. EPA upon request. The records shall include, but not be
limited to, the following:
(a) Applicable regulation number;
(b) Application method and substrate type;
(c) Amount and type of adhesive, coating (including catalyst and
reducer for multicomponent coatings), or solvent used at each point of
application, including exempt compounds;
(d) The VOC content as applied in each adhesive, coating, or solvent;
61.130 - 2
-------
Ce) The date for each application for adhesive, coating, or solvent;
(f) The amount of surface preparation, clean-up, or wash-up solvent
(including exempt compounds) used and the VOC content of each; and
(g) Oven temperature, if applicable.
Section 5.Compliance Timetable.
(1) Affected facilities which were subject to this regulation as in
effect on June 29, 1979, shall have achieved final compliance by April 1,
1982.
(2) The owner or operator of an affected facility that becomes subject
to this regulation on or after the effective date of this regulation shall be
required to complete the following:
(a) A final control plan for achieving compliance with this regulation
shall be submitted no later than nine (9) months after the date the affected
facility becomes subject to this regulation.
(b) The control system contract or the exempt coatings and any
accompanying process change contracts shall be awarded no later than eleven
(11) months after the date the affected facility becomes subject to this
regulation.
Cc) On-site construction or installation of emission control equipment
or process changes for exempt coatings shall be initiated no later than
thirteen (13) months after the date the affected facility becomes subject to
this regulation.
Cd) On-site construction or installation of emission control equipment
or process changes for exempt coatings shall be completed no later than
seventeen (17) months after the date the affected facility becomes subject to
this regulation.
Ce) Final compliance shall be achieved no later than eighteen (18)
months after the date the affected facility becomes subject to this
regulation.
(f) If an affected facility becomes subject to this regulation because
it is located in a county previously designated nonurban nonattainment or
redesignated in 401 KAR 51;010 after November 15, 1990, final compliance may
be extended to May 31, 1995, and the schedule in paragraphs (a) through Cd) of
this subsection adjusted by the cabinet.
Section 6. Exemptions.
(1) Any affected facility shall be exempt from Section 3 of this
regulation if the VOC content of the coating is less than 0.31 kg/i of coating
(2.6 lb/gal), excluding water or exempt solvent or both, delivered to the
applicators associated with the prime, single or topcoat coating line.
(2) An affected facility shall be exempt from this regulation if the
total VOC emissions from all affected facilities subject to this regulation
are less than or equal to:
(a) Three (3) lb/hr actual emissions before add-on control;
(b) Fifteen (15) lb/day actual emissions before add-on control; or
Cc) Ten (10) tons per year theoretical potential emissions based on
design capacity (or maximum production) and 8760 hr/yr before add-on control.
(3) Low-use coatings shall be exempt from Section 3 of this regulation
if the plantwide consumption of these coatings in the aggregate is less than
or equal to fifty-five (55) gallons during the previous twelve (12) months.
Effective Date: June 24, 1992
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 Jan 25, 1980 45 FR 6092
AUG 07, 1981 46.FR 40188
1st Revision OCT 20, 1992 JUN 23, 1994 59 FR 32343
61.130 - 3
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403. KAR 61:132. Existing miscellaneous metal parts and products surface
coating operations.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
RELATES TO: KRS 224.20-100, 224.20-110, 224.20-120; Appendix A to 40 CFR 60
(Method 24); 42 USC 7401 et. seq.; 42 USC 7407; 42 USC 7408; 42 USC 7410
STATUTORY AUTHORITY: KRS 224 . 10-100
NECESSITY AND FUNCTION: KRS 224.10-100 requires the Natural Resources and
Environmental Protection Cabinet to prescribe regulations for the prevention,
abatement and control of air pollution. 42 USC 7410 likewise requires the
state to implement standards for national primary and secondary ambient air
quality. This regulation provides for the control of volatile organic
compound emissions from existing miscellaneous metal parts and products
surface coating operations.
Section 1. Definitions.
As used in this regulation, all terms not defined in this section shall have
the meaning given to them in 401 KAR 61:001.
(1) “Affected facility” means a coating line located at job shops and
original equipment manufacturing industries which apply coatings on metal
substrates not subject to a regulation , other than 401 KAR 61:060, in this
chapter.
(2) “Applicator” means the mechanism or device used to apply the
coating, including but not limited to dipping, spraying, or flow-coating.
(3) “Flashoff area” means the space between the applicator and the
oven.
(4) “Single coat” means only one (1) film of coating is applied to the
metal substrate.
(5) “Prime coat” means the first of two (2) or more films of coating
applied in an operation.
(6) “Topcoat” means the final film or series of films of coating
applied in a two (2) coat (or more) operation.
(7) “Coating line” means a series of equipment or operations used to
apply, dry, or cure any prime, topcoat or single coatings containing volatile
organic compounds (VOCs). This shall include, but is not limited to:
(a) Mixing operations;
(b) Process storage;
(C) Applicators;
(d) Drying operations including, but not limited to, flashoff area
evaporation, oven drying, baking, curing, and polymerization;
Ce) Clean up operations;
(f) Leaks, spills and disposal of VOCs;
(g) Processing and handling of recovered VOC5;
(h) For the purposes of determining compliance with this regulation,
if equipment or an operation is considered to be a part of more than one (1)
coating line, its VOC emissions shall be assigned to each coating line of
which it is a part proportionally to the throughput of VOC it receives from or
distributes to each coating line;
(i) If a portion of the series of equipment or operations qualifies
for an exemption according to Section 6 of this regulation, then that portion
shall be. considered to be a separate coating line.
(8) “Process storage” means mixing tanks, holding tanks, and other
tanks, drums, or other containers which contain surface coatings, VOCs, or
recovered VOCS; but does not mean storage tanks of petroleum liquids which
are subject to 401 KAR 59:050, 401 KAR 59:052, or 401 KAR 61:050.
(9) “Miscellaneous metal parts and products” means items including but
not limited to:
(a) Large farm machinery (harvesting, fertilizing and planting
machines, tractors, combines, etc.);
61.132 - 1
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(b) Small farm machinery (lawn and garden tractors, lawn mowers,
rototillers, etc.);
Cc) Small appliances (fans, mixers, blenders, crock pots,
dehumidifiers, vacuum cleaners, etc.);
(d) Commercial machinery (computers and auxiliary equipment,
typewriters, calculators, vending machines, etc.);
Ce) Industrial machinery (pumps, compressors, conveyor components,
fans, blowers, transformers, etc.);
(f) Fabricated metal products (metal covered doors, frames, etc.); and
(g) Any other industrial category not subject to a regulation, other
than 402. KAR 61:060, in this chapter which coats metal parts or products.
(10) “Heat sensitive material” means materials which cannot be exposed
to temperatures greater than eighty-two (82) to ninety-three (93)kC (180-
200 F)
(11) “Air or forced air-dried items” means parts that are too large or
too heavy for practical size ovens; parts that are sensitive to heat; parts to
which heat sensitive materials are attached; or equipment assembled prior to
top coating for specific performance or quality standards.
(12) “Outdoor or harsh exposure or extreme environmental conditions”
means exposure to any of the following: year round weather conditions,
temperatures consistently above ninety-five (95k) Celsius, detergents,
scouring, solvents, corrosive atmospheres; and similar environmental
conditions.
(13) “Classification date” means February 4, 1981.
(14) “VOCs net input” means the total amount of VOCs input to the
affected facility minus the amount of VOCs that are not emitted into the
atmosphere. VOCs that are prevented from being emitted to the atmosphere by
the use of control devices shall not be subtracted from the total for the
purposes of determining VOC net input. If the nature of an operation or a
design of equipment is such as to permit more than one (1) interpretation of
this definition, the interpretation that results in the minimum value for
allowable emissions shall apply.
(15) “Glass adhesive primer” means a primer applied to the body of a
vehicle to etch the topcoat for the purpose of ensuring a positive bond with
the adhesive used to secure the windshield and back glass to the vehicle in a
manner consistent with federal safety regulations.
Section 2. Applicability.
(1) This regulation shall apply to each affected facility commenced
before the classification date defined in Section 1 of this regulation which
is located in a county or portion of a county which is designated ozone
nonattainment, for any nonattainment classification except marginal, under 401
KAR 51:010.
(2) This regulation shall not apply to affected facilities which are
subject to local air pollution control district regulations which have been
approved by the cabinet and the U.S. EPA.
Section 3. Standard for VOCs.
No person shall cause, allow, or permit an affected facility to discharge into
the atmosphere more than fifteen (15) percent by weight of the VOCs net input
into the affected facility.
Section 4. Compliance.
(1) In all cases the design of a control system is subject to approval
by the cabinet.
(2) Compliance with the standard in Section 3 of this regulation shall
be demonstrated by a material balance unless the cabinet determines that a
material balance is not possible. If a material balance is not possible,
compliance shall be determined based upon an engineering analysis by the
cabinet of: the control system design, control device efficiency, control
system capture efficiency, and other factors that could influence the
performance of the system. If requested by the cabinet, Method 25, which has
61.132 - 2
-------
been incorporated by reference in 401 KAR 50:015, shall be performed in order
to determine the efficiency of the control device or demonstrate compliance
with the standard. Capture efficiency shall be determined by procedures
specified in 401 KAR 50:047.
(3) With the prior approval of the cabinet, the owner or operator may
elect to effect all changes necessary to qualify for an exemption under
Section 6 of this regulation.
(4) If deemed necessary by the cabinet, the cabinet shall obtain
samples of the coatings used at an affected facility to verify that the
coatings meet the requirements in Section 6 of this regulation. J ppendix A to
40 CFR 60, Method 24, which has been incorporated by reference in 401 KAR
50:015, shall be used as applicable to determine compliance of the coatings
unless the cabinet and the U.S. PA determine that other methods would be more
appropriate.
(5) Compliance on one (1) coating line with VOC emission limits shall
be based on an averaging period not to exceed twenty-four (24) hours. If it
is not economically or technically feasible to determine emissions on a daily
basis, alternatives expressing emission limits for longer averaging times may
be accepted if approved by the cabinet and the U.S. EPA as a SIP revision.
(6) The amount of exempt solvents shall be subtracted from the amount
of coatings, just like water, with the ultimate value of interest being the
mass of VOC per unit volume of coating less exempt solvent or water or both.
(7) Calculations to determine equivalency on one (1) coating line
shall be based on mass of VOC per volume of solids.
(8) Daily records shall be maintained by the source for the most
recent two (2) year period. These records shall be made available to the
cabinet or the U.S. EPA upon request. The records shall include, but not be
limited to, the following:
(a) J pp1icable regulation number;
(b) Application method and substrate type;
Cc) Amount and type of adhesive, coating (including catalyst and
reducer for multicomponent coatings), or solvent used at each point of
application, including exempt compounds;
Cd) The VOC content as applied in each adhesive, coating, or solvent;
Ce) The date for each application of adhesive, coating, or solvent;
(f) The amount of surface preparation, clean-up, or wash-up solvent
(including exempt compounds) used and the VOC content of each; and
(g) Oven temperature, if applicable.
Section 5. Coapliance Timetable.
(1) Affected facilities which were subject to this regulation as in
effect on February 4, 1981, shall have achieved final compliance by December
31, 1982.
(2) The owner or operator of an affected facility that becomes subject
to this regulation on or after the effective date of this regulation shall be
required to complete the following:
(a) Submit a final control plan for achieving compliance with this
regulation no later than nine (9) months after the date the affected facility
becomes subject to this regulation.
(b) Award a contract for the control system or for the exempt coatings
and any accompanying process change no later than eleven (11) months after the
date the affected facility becomes subject to this regulation.
(C) Initiate on-site construction or installation of emission control
equipment or process changes for exempt coatings no later than thirteen (13)
months after the date the affected facility becomes subject to this
regulation.
(d) On-site construction or installation of emission control equipment
or process changes for exempt coatings shall be completed no later than
seventeen (17) months after the date the affected facility becomes subject to
this regulation.
Ce) Final compliance shall be achieved no later than eighteen (18)
months after the date the affected facility becomes subject to this
61.132 - 3
-------
regulation.
(f) If an affected facility becomes subject to this regulation because
it is located in a county previously designated nonurban nonattainment or
redesignated in 401 ICAR 51:010 after November 15, 1990, final compliance may
be extended to May 31, 1995, and the schedule in paragraphs (a) through (d) of
this subsection adjusted by the cabinet.
Section 6. Exemptions.
(1) An affected facility shall be exempt from Section 3 of this
regulation if the VOC content of the coating iS:
(a) Less than 0.52 kg/i of coating (4.3 lb/gal), excluding water or
exempt solvent or both, delivered to applicators associated with clear coat;
(b) Less than 0.42 kg/i of coating (3.5 lb/gal), excluding water or
exempt solvent or both, delivered to applicators associated with air or forced
air-dried items or items subject to outdoor or harsh exposure or extreme
environmental conditions;
(C) Less than 0.36 kg/i of coating (3.0 lb/gal), excluding water or
exempt solvent or both, delivered to applicators associated with color coat or
first coat on untreated ferrous substrate; or
(d) Less than 0.05 kg/i of powder coating (0.4 lb/gal) delivered to
applicators associated with no or infrequent color change, or a small number
of colors applied.
(2) The surface coating of the following metal parts and products are
exempt from this regulation:
(a) The exterior of airplanes and marine vessels, but not parts for
the exterior of airplanes and marine vessels that are coated as a separate
manufacturing or coating operation;
(b) Automobile refinishing; and
(c) Customized top coating of automobiles and trucks, if production is
less than thirty-five (35) vehicles per day.
(3) An affected facility shall be exempt from this regulation if the
total VOC emissions from all affected facilities subject to this regulation
are less than or equal to thirty (30) tons per year.
(4) Low-use coatings shall be exempt from Section 3 of this regulation
if the plantwide consumption of these coatings in the aggregate is less than
or equal to fifty-five (55) gallons during the previous twelve (12) months.
(5) Glass adhesive primer with VOC content equal to or less than 5.1
lb/gal of glass adhesive primer excluding water or exempt solvent or both,
shall be exempt from this regulation.
Effective Date: June 24, 1992
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg FEB 05, 1981 NOV 24, 1981 46 FR 57486
1st Revision SEP 28, 1981 MAR 30, 1983 48 FR 13168
2nd Revision OCT 20, 1992 JUN 23, 1994 59 FR 32343
61.132 - 4
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401 KAR 61:135. Selected existing petroleum refining processes and equipment.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
RELATES TO: KRS Chapter 224
STATUTORY AUTHORITY: KRS 224.10-100
NECESSITY AND FUNCTION: KRS 224.10-100 requires the Natural Resources and
Environmental Protection Cabinet to prescribe regulations for the prevention,
abatement, and control of air pollution. This regulation provides for the
control of hydrocarbon emissions from selected existing petroleum refining
processes and equipment.
Section 1.Applicability.
The provisions of this regulation shall apply to each affected facility
commenced before the classification date defined below which is located:
(1) In an urban county designated nonattainment for ozone under 401
KAR 51:010; or
(2) In any county which is designated nonattainment or unclassified
under 401 KAR 51:010 and is a part of a major source of volatile organic
compounds.
Section 2 .Definitions.
(1) “Affected facility” means vacuum producing systems and process unit
turnarounds associated with a petroleum refinery.
(2) “Vacuum producing systems” means equipment which produces a
partial vacuum in a vessel.
(3) “Process unit turnaround” means the shutting down,
depressurization, and purging of a process unit or vessel.
(4) “Classification date” means the effective date of this regulation.
Section 3.Standard for Hydrocarbons.
The owner or operator of an affected facility shall install, operate, and
maintain all equipment necessary to accomplish the following:
(1) Vacuum producing systems. All gaseous hydrocarbons emitted from
condensers, hot wells, vacuum pumps, and accumulators shall be collected and
vented to a firebox, flare or other control device of equivalent efficiency as
determined by the cabinet.
(2) Process unit turnaround. The gaseous hydrocarbons purged from a.
process unit or vessel shall be vented to a firebox, flare, or other control
device of equivalent efficiency as determined by the cabinet until the
pressure in the process unit is less than five (5) psig.
Section 4.Monitoring and Reporting Requirements.
(1) The owner or operator shall:
(a) Keep a record of each process unit turnaround;
(b) Record the approximate hydrocarbon concentration when the
hydrocarbons were first discharged to the atmosphere;
(c) Record the approximate total quantity of hydrocarbons emitted to
the atmosphere.
(2) The owner or operator shall retain these records for at least two
(2) years and submit them to the cabinet upon request.
Section 5.Compliance Timetable.
The owner or operator of an affected facility shall be required to complete
the following:
Cl) Submit a final control plan for achieving compliance with this
regulation no later than September 1, 1979.
(2) Award the control device contract no later than December 1, 1979.
(3) Initiate on-site construction or installation of emissions control
equipment no later than July 1, 1980.
61.135 - 1
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(4) On-site construction or installation of emission control equipment
shall be completed no later than February 1, 1981.
(5) Final compliance shall be achieved no later than May 1, 1981.
Effective Date: June 29, 1979
Date Submitted Date . pproved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 JAN 25, 1980 45 FR 6092
61.135 - 2
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40]. ICAR 61:137.Leaks from existing petroleum refinery equipment.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
RELATES TO: KRS 224.20-100, 224.20-110, 224.20-120; Appendix A to 40 CFR 60
(Method 21); 42 Usc 7401 et. seq.; 42 USC 7407; 42 USC 7408; 42 USC 7410
STATUTORY AUTHORITY: KRS 224.10-100
NECESSITY ?.ND FUNCTION: KRS 224.10-100 requires the Natural Resources and
Environmental Protection Cabinet to prescribe regulations for the prevention,
abatement, and control of air pollution. 42 USC 7410 likewise requires the
state to implement standards for national primary and secondary ambient air
quality. This regulation provides for the control of volatile organic
compound emissions from leaks from existing petroleum refinery equipment.
Section 1 .Definitions.
As used in this regulation, all terms not defined in this section shall have
the meaning given to them in 401 KAR 61:001.
(1) “Affected facility” means each individual component within a
petroleum refinery complex that could potentially leak volatile organic
compounds (VOCs) to the atmosphere.
(2) “Component” means equipment or apparatus which includes, but is
not limited to, pump seals, compressor seals, seal oil degassing vents,
pipeline valves, flanges and other connections, pressure relief devices,
process drains, and open-ended pipes that could potentially leak VOCs to the
atmosphere.
(3) “A petroleum refinery complex” means a facility engaged in
producing gasoline, kerosene, distillate fuel oils, residual fuel oils,
lubricants, or other products through distillation of petroleum or through
redistillation, cracking, rearrangement or reforming of unfinished petroleum
derivatives.
(4) “Leak” means the presence of a VOC concentration exceeding 10,000
ppm if tested in the manner referenced in Section 5 of this regulation.
(5) “Gas service” means that the VOC is gaseous at conditions that
prevail in the component during normal operations.
(6) “Classification date” means February 4, 1981.
Section 2 .Applicability.
This regulation shall apply to each affected facility commenced before the
classification date defined in Section 1 of this regulation which i located
in a county or portion of a county which is designated ozone nonattainment,
for any nonattainment classification except marginal, under 40]. KAR 51:010.
Section 3.Standard for VOCs.
The owner or operator of an affected facility shall:
(1) If an affected facility within the petroleum refinery complex is
found to be leaking, repair the leak within fifteen (15) days. A component
recheck shall be made after repair. If the leak is still present or a new leak
is created by the repair, further maintenance shall be performed until the VOC
emission drops below the screening value (10,000 ppm).
(2) Any time a valve is located at the end of a pipe or line
containing VOCs, seal the end of the line with a second valve, a blind flange,
a plug or a cap. This sealing device may be removed only when a sample is
being taken. This requirement shall not apply to safety pressure relief
valves.
Section 4.Monitoring and Reporting Requirements.
The owner or operator shall conduct monitoring of affected facilities and
submit records as specified below:
(1) The refinery operator shall perform component monitoring using the
method referenced in Section 5 of this regulation as follows:
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(a) Monitor with a portable VOC detection device one (1.) time per year
(annually) pump seals, pipeline valves in liquid service, and process drains.
(b) Monitor with a portable VOC detection device four (4) times per
year (quarterly) compressor seals, pipeline valves in gas service, and
pressure relief valves in gas service.
Cc) Monitor visually fifty-two (52) times per year (weekly) pump
seals.
Cd) No individual monitoring is necessary for pressure relief valves
in liquid service and pipeline flanges.
(2) Pipeline valves and pressure relief valves for gas service shall
be marked or noted so that their location is readily obvious to both the
refinery operator performing the monitoring and the cabinet.
(3) If liquids are observed dripping from a pump seal, the seal shall
be checked immediately with a portable detector to determine if a leak of VOCs
is present.
(4) If a relief valve operates and venting to the atmosphere occurs,
the operator shall monitor this valve immediately. Pressure relief devices
which are tied in to either a flare header or vapor recovery device shall be
exempted from the monitoring requirements.
(5) When a leak is located, a weatherproof and readily visible tag
bearing an identification number and the date the leak is located shall be
affixed to the leaking component. The location, tag number, date and stream
composition of the leak shall also be noted on a survey log. When the leak is
repaired, the date of repair and date and instrument reading of component
recheck after maintenance shall be entered in the survey log and the tag
discarded. The operator shall retain the survey log for two (2) years after
the inspection is completed.
(6) After quarterly monitoring has been performed the refinery
operator shall submit a report to the cabinet listing all leaks that were
located but not repaired within the fifteen (15) day limit and a signed
statement attesting to the fact that all monitoring has been performed as
stipulated in the control plan. Leaks that cannot be repaired within fifteen
(15) days shall be repaired during the next scheduled turnaround. If the
cabinet requests it, the owner or operator shall demonstrate to the cabinet’s
satisfaction why the repairs could not be completed within the initial fifteen
(15) day period. If the leak is unable to be brought into compliance, a
variance shall be requested and obtained on an individual basis. Case-by-case
alternatives approved by the cabinet, but not previously authorized by the
U.S. EPA, shall be submitted to the U.S. EPA as a SIP revision.
Section 5.Test Methods and Procedures.
(1) Except as provided for in 401 KAR 50:045 , Appendix A to 40 CFR 60,
Method 21, which has been incorporated by reference in 401 KAR 50:015, shall
be used to determine compliance with the standard prescribed in Section 3 and
monitoring requirements in Section 4 of this regulation.
(2) The owner or operator may elect to use alternate monitoring
methods if it is demonstrated to the cabinet’s satisfaction that the alternate
methods shall achieve equivalent control efficiency.
Section 6.Compliance Timetable.
(1) Affected facilities which were subject to this regulation as in
effect February 4, 1981, shall have achieved final compliance by January 1,
1982.
(2) The owner or operator of an affected facility that becomes subject
to this regulation on or after the effective date of this regulation shall be
required to complete the following:
(a) Submit a final control plan for achieving compliance with this
regulation no later than three (3) months after the date the affected facility
becomes subject to this regulation.
(b) Award the control system contract no later than five (5) months
after the date the affected facility becomes subject to this regulation.
Cc) Initiate on-site construction or installation of emission control
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equipment no later than seven (7) months after the date the affected facility
becomes subject to this regulation.
Cd) On-site construction or installation of emission control equipment
shall be completed no later than eleven (11) months after the date the
affected facility becomes subject to this regulation.
Ce) Final compliance shall be achieved no later than twelve (12)
months after the date the affected facility becomes subject to this
regulation.
Cr) If an affected facility becomes subject to this regulation because
it is located in a county previously designated nonurban nonattainment or
redesignated in 401 KAR 51:010 after November 15, 1990, final compliance may
be extended to May 31, 1995, and the schedule in paragraphs (a) through Cd) of
this subsection adjusted by the cabinet.
Section 7 .Modifications.
Cl) If, after at least two (2) complete annual checks, the refinery
operator determines that modifications of the monitoring requirements are in
order, he may request in writing to the cabinet that a revision be made. The
submittal shall include data that have been developed to justify modifications
in the monitoring schedule.
(2) If the cabinet finds an excessive number of leaks during an
inspection, or if the refinery operator found an excessive number of leaks in
a given area during scheduled monitoring, the cabinet shall increase the
required frequency of operator inspections for that part of the facility.
Effective Date: June 24, 1992
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg FEB 05, 1981 NOV 24, 1982. 46 FR 57486
MAR 30, 1983 48 FR 13168
1st Revision OCT 20, 1992 JUN 23, 1994 59 FR 32343
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401 KAR 61:140. Existing by-product coke manufacturing plants.
NATURAL RESOURCES P ND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
RELATES TO: KRS 224.20-100, 224.20-110, 224.20-120
STATUTORY AUTHORITY: KRS 224.10-100
NECESSITY AND FUNCTION: KRS 224.10-100 requires the Natural Resources and
Environmental Protection Cabinet to prescribe regulations for the prevention,
abatement and control of air pollution. This regulation provides for the control
of emissions from existing by-product coke manufacturing plants.
Section 1 .Applicability.
The provisions of this regulation are applicable to each affected facility
commenced before the classification date defined below.
Section 2 .Definitions.
As used in this regulation all terms not defined herein shall have the meaning
given them in 401 KAR 50:010 and 401 KAR 61:005.
(1) “Affected facility” means a by-product coke oven battery.
(2) “Classification date” means April 9, 1972.
(3) “Coke oven battery” means a number of slot-type coking chambers
arranged side by side.
(4) “Charging” means the process of conveying coal and dropping it into
a coke oven through the charging holes or ports located on top of the oven.
(5) “Coking” means the destructive distillation of coal in the absence
of oxygen.
(6) “Coke” means a solid form of carbon resulting from the destructive
distillation of coal.
(7) “Coke oven” means a refractory lined, heated, slot-type chamber in
which coke is produced.
(8) “Chuck door” means the port for the leveling bar.
(9) “Leveling bar” means a structured steel bar pushed back and forth
horizontally through the chuck door and used to eliminate the peaks in the coal
charged in the oven.
(10) “Collecting main” means the horizontal manifold connected to the
staridpipes used to conduct the volatile materials to the by-products plant.
(11) “Larry car” means the apparatus used to charge coal into an empty
oven. It is also known as a charging car.
(12) “Pusher machine” means a large apparatus which travels on rails
alongside the battery and used to remove doors and push coke from the ovens.
(13) “Gooseneck” means a short curved cast iron refractory lined pipe that
conveys the volatiles from the standpipe to the collector main.
(14) “Standpipe” means a short vertical refractory lined pipe which
conducts volatiles from an oven through the gooseneck to the collector main.
(15) “Quench” means the process whereby water is used to cool the hot
coke.
(16) “Quenching car” mean an apparatus used to convey hot coke to the
quenching tower. It is also known as a wharf car.
(17) “Charging period” means for larry car charging systems, the period
of time commencing when the first hopper gate is opened and ending when the last
topside port lid is replaced. The charging period includes the period of time
during which the port lid is reopened in order to sweep spilled coal into the
oven.
(18) “Total coke oven doors” means push and coke side doors with the chuck
doors considered to be part of the push side doors.
Section 3.Standards for Particulate Matter.
No person subject to the provisions of this regulation shall cause, suffer or
allow particulate matter to be discharged to the atmosphere from each affected
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facility or operation of a by-product coke oven battery except as follows:
(1) Coke oven charging. No visible emissions during the charging cycli
from the control equipment, the charging ports, the larry cars or the open chuck
door, except for an average of twenty-five (25) seconds of any visible emissions
(excluding water vapor) per charge, averaged over five (5) consecutive charges.
(2) Battery topside leaks. No more than five (5) percent of the charging
ports and ten (10) percent of the standpipes on operating ovens shall be leaking
(exhibiting visible emissions except for steam or nonsmoking flame) at any time.
(3) Doors. No visible emission, except nonsmoking flame, from more than
ten (10) percent of the total coke oven doors on a battery.
(4) Combustion stack. No visible emission (other than water mist or
vapor) shall exceed twenty (20) percent opacity from any coke oven combustion
stack.
(5) Pushing. Emissions shall be controlled such that:
(a) No visible emissions, as observed at fifteen (15) second intervals,
shall exceed twenty (20) percent opacity from the time the oven door removal has
been completed until the hot car is inside the quench tower except for ten (10)
percent of the total number of observations recorded.
(b) The emission rate from the control device shall not exceed 0.030
pounds of filterable particulate per ton of coke pushed, averaged over a number
of pushes.
(6)
(a)
opacity of
(b)
shall not
Cc)
quenching
Quenching
No visible emissions, except water vapor or mist, shall exceed an
twenty (20) percent during the quenching operations.
No process water shall be used for quenching and the make-up water
contain total dissolved solids concentration in excess of 750 mg/liter.
The quench tower draft shall be adequate to ensure that all visible
gases exit through the quench tower baffles.
Section 4.Standard for Sulfur Dioxide.
Coke oven gas shall not be burned or discharged unless it contains a
concentration of sulfur compounds (expressed as sulfur dioxide) as determined by
Appendix A of this regulation that will result in emissions of no more than
ninety-five (95) pounds of equivalent sulfur dioxide per million cubic feet of
coke oven gas produced. Included in this are all sulfur compounds, expressed as
sulfur dioxide, emitted from sulfur recovery equipment used to process the sulfur
compounds removed from coke oven gas.
Section 5.Test Methods and Procedures.
(1) Except as provided in 40]. KAR 50:045, and subsections (2) and (3) of
this section, performance tests used to demonstrate compliance with Sections 3
and 4 of this regulation shall be conducted according to the following methods
(filed by reference in 401 KAR 50:015):
(a) Reference Method 9 for combustion stack opacity and pushing
operation, except for time averaging and number of observations.
(b) Method 209 C from the Standard Methods f or the Evaluation of Water
and Wastewater, Fifteenth (15th) Edition, 1980, for determining total dissolved
solids in make-up water.
(2) Determination of sulfur in coke oven gas. Cleaned coke oven gas and
any Claus plant tail gas shall be sampled for hydrogen sulfide, carbonylsulfide,
and carbon disulfide by gas chromatograph separation and flame photometric or
thermal conductivity detection. Alternate methods may be approved by the
cabinet. Clean gas and tail gas flow shall be measured by in-line continuous
orifice, venturi or elbow tap flow meters. Compliance testing shall consist of
simultaneous measurement of sweet (clean) coke oven gas and sulfur recovery tail
gas concentrations and flows. Four (4) samples per hour shall be acquired for
concentration and flows during a four (4) hour test period. Compliance shall be
determined from the arithmetic average of the sixteen (16) values calculated by
using the formula in Appendix A of this regulation.
(3) Determination of visible emissions during the oven charging period.
(a) Principle. The visible emissions emitted from charging systems and
oven ports are to be determined visually by an observer who is familiar with coke
61.140 - 2
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oven battery operations. Observations for five (5) consecutive charges are to
be recorded unless the standard is exceeded before the five (5) charges are
completed.
(b) Procedure. The observer is to stand such that he has a good view of
the oven being charged. Upon observing any visible emission an accumulative
stopwatch is started. The watch is stopped when the visible emission stops and
is restarted when the visible emission reappears. The observer is to continue
this procedure for the entire charging period. Visible emissions may occur
simultaneously from several points during a charge; e.g., from around all drop
sleeves at the same time. In this case, the visible emissions are timed
collectively, not independently. Also, visible emissions may start from one (1)
source immediately after another source stops. This will be timed as one (1)
continuous visible emission. The following visible emissions are not to be
timed:
1. Visible emissions from burning coal spilled on top of the oven or
oven lid during charging;
2. Visible emissions that drift from the top of a larry car hopper, but
have already been timed as a visible emission from the drop sleeve below the
hopper.
(C) Recording charging emissions. The time recorded on the stop watch
is the total time that visible emissions were observed during the charge.
(4) Determination of visible emissions from coke oven topside leaks.
(a) Principle. The visible emissions produced from leaking off-take
systems, and topside lids are determined visually by an observer who is familiar
with coke oven battery operations.
(b) Procedure. The observer shall inspect the coke oven battery by
traveling the length of the battery topside at a steady pace, pausing only to
make appropriate entries on the inspection report. Travel at a normal walking
pace one (1) length of the coke oven battery shall constitute a run taking
approximately four (4) minutes (for a seventy (70) oven battery) to complete.
In performing a run to determine oven lid leaks, the observer shall walk the
centerline of the battery looking far enough ahead (two (2) or four (4) ovens)
of his travel to easily see the oven lids. During one (1) run, the observer
shall record the number of total visible emissions from oven lids, and during
another run the observer shall determine visible emissions from off-take systems,
and collection mains, from the battery centerline or an alternative location
(e.g. a catwalk). The total number of leaks from the topside shall be recorded
on the inspection report sheet. The following emissions shall not be recorded:
1. Visible emissions from lids and standpipe caps that are opened during
a decarbonization period (not to exceed three (3) ovens at any one Cl) time) or
charging period.
2. Steam emissions; this includes steam caused by the vaporization of
wet luting material.
(c) Determination of percent topside leaks. The total number of leaks
shall be observed during a run and then the percent of charge port and standpipe
leaks shall be determined by using the formulas given in Appendix B to this
regulation.
(5) Door inspection procedure.
(a) Observation. The inspector shall make his observations of door
emissions from a location as close to the battery as safety and visibility
conditions permit, but generally outside of the pusher machine or hot car tracks.
The inspector may move to a closer observation point to determine the source of
an emission. The inspector shall start the inspection procedure with an oven at
either end of the battery and on either the push side or the coke side of the
battery. The inspector shall observe and record any visible emission from the
door. Visible emissions from the sealing edge around the perimeter of a door,
or, in the case of the pusher side, from the door and the chuck door will be
considered as door emissions. Visible emissions from structural leaks, such as
buckstay or lintel leaks, will not be considered as door emissions. The
inspector will then move to the adjacent door and check for door emissions in a
like manner. The inspector will continue this procedure down the entire length
of the battery. If a temporary machine obstruction occurs blocking his view of
61.140 — 3
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a series of ovens, he may bypass those ovens and continue down the remainder of
the battery, returning to check the bypassed ovens when he has completed that
side of the battery. After the inspector has observed the doors on one (1) side
of a battery, he shall then proceed directly to the opposite side of the battery
and again start at one (1) end of the battery repeating the same procedure as for
the previous side.
(b) Determination of percent leaking doors. The total number of leaking
doors shall be observed on both sides of the coke oven battery and then the
percent of leaking doors shall be determined using the formula given in I ppendix
C to this regulation.
(6) Determination of quenching visible emissions. The inspector shall
make his observations of quenching emissions from a position where he can observe
the quench plume. The inspector observes all emissions from the time the wharf
car enters the quench tower until the time it leaves the tower after the quench.
The maximum opacity of the plume observed against a contrasting background is
recorded. If water vapor or mist is present, the opacity is determined after the
water vapor or mist is no longer visible in the plume.
(7) Determination of pushing visible emissions. The inspector shall make
his observation from a position where he can observe emissions from the coke oven
door and from the hot car as the emissions rise above the. collector main.
Emissions shall be observed from the time the door removal has been completed
until the hot car has entered the quench tower.
Section 6.Comp].iance Timetable.
The owner or operator shall have demonstrated compliance with the standard in
Section 3(5)(b) of this regulation on or before December 31, 1980. Compliance
with the standard in Section 3(2) of this regulation shall be demonstrated on or
before December 31, 1982. Compliance with all other provisions of this
regulation shall have been demonstrated on or before June 6, 1979.
Effective Date September 4, 1986
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 JAN 25, 1980 45 FR 6092
OCT 31, 1980 45 FR 72153
DEC 24, 1980 45 FR 84999
1st Revision DEC 09, 1982 DEC 04, 1986 51 FR 43742
2nd Revision SEP 19, 1986 JAN 08, 1988 53 FR 50].
MAY 04, 1989 54 FR 19169
61.140 - 4
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APPENDIX A TO 401 K R 61:140
Formula for determining sulfur compounds (expressed as SO 2 ) contained in coke
oven gas.
cv cv
Sulfur compounds in coke oven gas swg tg tg Where:
V
fg C
wg
= the concentration of total reduced sulfur in the sweet gas
expressed as SO 2 ;
Ctg = the concentration of total reduced sulfur in the tail
gas expressed as SO 2 ; and
Vswg.Vtg.Vfg = flow rates of sweet gas, tail gas and foul gas,
respectively.
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APPENDIX B TO 401 KAR 61:140
Formula for determining percent charge port leaks.
( total number of charging port leaks observed dun
e port leaks
(number of charging ports / oven
Formula for determining percent standpipe leaks.
total number of standpipe leaks observed during
tandpipe leaks
number of operating ovens x standpipes / oven
Visible emissions occurring during the decarbonization period as provided
in Section 5(4)(b)l of this regulation shall not be included in the formulas
above.
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APPENDIX C TO 401 ICAR 61:140
Formula for determining the percent door leaks.
or leaks ( total number of leaking doors observed )
(2 x number of operating ovens in the battery)
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401 ICAR 61:145. Existing petroleum refineries.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
RELATES TO: ICRS Chapter 224
STATUTORY AUTHORITY: KRS 224.10-100
NECESSITY AND FUNCTION: KRS 224.10-100 requires the Natural Resources and
Environmental Protection Cabinet to prescribe regulations for the prevention,
abatement, and control of air pollution. This regulation provides for the control
of emissions from existing petroleum refineries.
Section 1. Applicability.
The provisions of this regulation shall apply to each affected facility commenced
before the classification date defined below.
Section 2. Definitions.
As used in this regulation, all terms not defined herein shall have the meaning
given them in 401 KAR 50:010.
(1) “Affected facility” means sulfur recovery units, fluid catalytic
cracking unit regenerators, fluid catalytic cracking unit incinerator-waste heat
boilers and fuel gas combustion devices at a petroleum refinery in any county
classified VA with respect to sulfur dioxide.
(2) “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.
(3) “Petroleum” means the crude oil removed from the earth and the oils
derived from tar sands, shale and coal.
(4) “Process gas” means any gas generated by a petroleum refinery process
unit, except fuel gas and process upset gas as defined in this section.
(5) “Fuel gas” means any gas which is generated by a petroleum ref iner
process unit and which is combusted, including any gaseous mixture of natural gas
and fuel gas which is combusted.
(6) “Process upset gas” means any gas generated by a petroleum refinery
process unit as a result of startup, shutdown, upset or malfunction.
(7) “Refinery process unit” means any segment of the petroleum refinery
in which a specific processing operation is conducted.
(B) “Fuel gas combustion device” means any equipment, such as process
heaters, boilers and flares used to coinbust fuel gas, but does not include fluid
coking unit and fluid catalytic cracking unit incinerator-waste heat boilers,
facilities combusting coke oven gas in a by-product coke manufacturing plant, or
facilities in which gases are combusted to produce sulfur or sulfuric acid.
(9) “Classification date” means June 11, 1973 for any fluid catalytic
cracking unit catalyst regenerator or fuel gas combustion device; October 4, 1976
for any sulfur recovery unit; and June 6, 1979 for fluid catalytic cracking unit
incinerator-waste heat boilers.
Section 3. Standard for Sulfur Dioxide.
(1) No owner or operator subject to the provisions of this regulation
shall burn in any fuel gas combustion device any fuel gas which contains hydrogen
sulfide in excess of 230 mg/dscm (ten-hundredths (0.10) gr/dscf), except as
provided in subsection (2) of this section. 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
section.
(2) 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 sulfur dioxide to
the atmosphere if it is shown to the satisfaction of the cabinet that this
prevents sulfur dioxide emissions as effectively as compliance with the
requirements of subsection (1) of this section.
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(3) No owner or operator subject to the provisions of this regulation
shall discharge or cause the discharge into the atmosphere from any Claus sulfur
recovery plant any gases containing in excess of:
(a) 0.025 percent by volume of sulfur dioxide at zero percent oxygen on
a dry basis if emissions are controlled by an oxidation control system, or a
reduction control system followed by incineration; or
(b) 0.030 percent by volume of reduced sulfur compounds and 0.0010
percent. by volume of hydrogen sulfide calculated as sulfur dioxide at zero
percent oxygen on a dry basis if emissions are controlled by a reduction control
system not followed by incineration.
section 4. Monitoring and Reporting.
(1) For any fluid catalytic cracking unit catalyst regenerator which
utilizes an incinerator-waste heat boiler to combust the exhaust gases from the
catalyst regenerator, the owner or operator shall record daily the conversion
factors used to convert monitored data (ppm) into units of the standard (lb/hr),
the data used to calculate the conversion factor and the hourly emission rate in
pounds per hour of sulfur dioxide.
(2) For the purpose of reports under 401 KPIR 61:005 periods of excess
emissions that shall be reported for sulfur dioxide are defined as follows:
(a) Any three (3) hour period during which the average concentration of
hydrogen sulfide in any fuel gas combusted in any fuel gas combustion device
subjeci: to Section 3(1) of this regulation exceeds 230 mgfdscm (ten-hundredths
(0.10) gr/dscf), if compliance is achieved by removing hydrogen sulfide from the
fuel gas before it is burned; or any three (3) hour period during which the
average concentration of sulfur dioxide in the gases discharged into the
atmosphere from any fuel gas combustion device subject to Section 3(2) of this
regulation exceeds the level specified in Section 3(2) of this regulation if
compliance is achieved by removing sulfur dioxide from the combusted fuel gases.
(b) Any twelve (12) hour period during which the average concentration
of sulfur dioxide in the gases discharged into the atmosphere from any Claus
sulfur recovery plant subject to Section 3(3) of this regulation exceeds 250 ppm
at zero percent oxygen on a dry basis if compliance with Section 3(3) of this
regulation is achieved through the use of an oxidation control system or a
reduction control system followed by incineration; or any twelve (12) hour period
during which the average concentration of hydrogen sulfide or reduced sulfur
compounds in the gases discharged into the atmosphere of any Claus sulfur plant
subject to Section 3(3) of this regulation exceeds ten (10) ppm or 300 ppm,
respectively, at zero percent oxygen and on a dry basis if compliance is achieved
through the use of a reduction control system not followed by incineration.
(c) Any six (6) hour period during which the average emissions
(arithmetic average of six (6) contiguous one (1) hour periods) of sulfur dioxide
as measured by a continuous monitoring system for a fluid catalyst cracking unit
exceed 640.0 pounds per hour.
Section 5. Test Methods and ProcedureB (filed by reference in 401
KAR 50:015).
(1) For the purpose of determining compliance with Section 3(1) and
(2) of this regulation, Reference Method 11 shall be used to determine the
concentration of hydrogen sulfide and Reference Method 6 shall be used to
determine the concentration of sulfur dioxide.
(a) If Reference Method 11 is used, the gases sampled shall be introduced
into the sampling train at approximately atmospheric pressure. ‘there refinery
fuel gas lines are operating at pressures substantially above atmosphere, this
may be accomplished with a flow control valve. If the line pressure is high
enough to operate the sampling train without a vacuum pump, 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 (2) samples of equal sampling time shall constitute
one (1) run. Samples shall be taken at approximately one (1) hour intervals.
For most fuel gases, sample times exceeding twenty (20) minutes may result in
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depletion of the collecting solution, although fuel gases containing low
concentrations of hydrogen sulfide may necessitate sampling for longer period
of time.
(b) If Reference Method 6 is used, Reference Method 1 shall be used for
velocity traverses and Reference Method 2 for determining velocity and volumetric
flow rate. The sampling site for determining sulfur dioxide concentration by
Reference Method 6 shall be the same as. for determining volumetric flow rate by
Reference Method 2. The sampling point in the duct for determining sulfur
dioxide concentration by Reference Method 6 shall be at the centroid of the cross
section if the cross-sectional area is less than five (5) square meters (fifty-
f our (54) square feet) or at a point no closer to the walls than one (1) meter
(thirty-nine (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 of equal sampling time shall constitute one (1) run. Samples
shall be taken at approximately one (1) hour intervals.
(2) For the purpose of determining compliance with Section 3(3) of this
regulation, Reference Method 6 shall be used to determine the concentration of
sulfur dioxide and Reference Method 15 shall be used to determine the
concentration of sulfur dioxide and reduced sulfur compounds.
(a) If Reference Method 6 is used, the procedure outlined in subsection
(1) (b) of this section shall be followed except that each run shall span a
minimum of four (4) consecutive hours of continuous sampling. A number of
separate samples may be taken for each run, provided the total sampling time of
these samples adds up to a minimum of four (4) consecutive hours. Where more
than one (1) sample is used, the average sulfur dioxide concentration for the run
shall be calculated as the time weighted average of the sulfur dioxide
concentration for each sample according to the formula in J ppendix A of this
regulation.
(b) If Reference Method 15 is used, each run shall consist of sixteer
(16) samples taken over a minimum of three (3) hours. The sampling point shal
be at the centroid of the cross section of the duct if the cross-sectional area
is less than five (5) square meters (fifty-four (54) square feet) or at a point
no closer to the walls than one (1) meter (thirty-nine (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. To insure minimum residence time for the sample
inside the sample lines, the sampling rate shall be at least three (3)
liters/minute (one-tenth (0.1) cfm). The sulfur dioxide equivalent for each run
shall be calculated as the arithmetic average of the sulfur dioxide equivalent
of each sample during the run. Reference Method 4 shall be used to determine the
moisture content of the gases. The sampling point for Reference Method 4 shall
be adjacent to the sampling point for Reference Method 15. The sample shall be
extracted at a rate proportional to the gas velocity at the sampling point. Each
run shall span a minimum of four (4) consecutive hours of continuous sampling.
A number of separate samples may be taken for each run provided the total
sampling time of these samples adds up to a minimum of four (4) consecutive
hours. Where more than one (1) sample is used, the average moisture content for
the run shall be calculated as the time weighted average of the moisture content
of each sample according to the formula in appendix B of this regulation.
Section 6. Compliance Timetable.
(1) The owner or operator of a sulfur recovery plant shall be required to
complete the following:
(a) Submit a final control plan for achieving compliance with Section
3(3) of this regulation no later than September 1, 1979.
(b) Award the control system contract no later than December 1, 1979.
Cc) Initiate on-site construction or installation of emission control
equipment by October 1, 1980.
(d) On-site construction or installation of emission control equipment
shall be completed no later than May 1, 1981.
61.145 - 3
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Ce) Final compliance shall be achieved no later than July 1, 1981.
(2) The owner or operator of a fuel gas combustion device shall be
required to complete the following:
(a) Submit a final control plan for achieving compliance with Section
3(1) of this regulation no later than August 1, 1980.
(b) Purchase control equipment no later than September 1, 1980.
Cc) Initiate on-site construction or installation of emissions control
equipment by October 1, 1980.
(d) On-site construction or installation of emission control equipment
shall be completed no later than August 1, 1981.
Ce) Final compliance shall be achieved no later than October 1, 1981.
(3) The owner or operator shall be required to demonstrate compliance
with all other provisions of this regulation no later than June 6, 1979.
Effective Date: January 7, 1981
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 JAN 25, 1980 45 FR 6092
OCT 31, 1980 45 FR 72153
APR 03, 1981 46 FR 20171
1st Revision JAN 19, 1981 MAR 22, 1983 48 FR 11945
61.145 - 4
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APPENDIX A TO 401 KAR 61:145
Time weighted average of SO 2 concentration
N
c c. Si
R Si
.11
Where:
CR = SO 2 concentration for the run.
N = Number of samples.
C 1 = SO 2 concentration for sample i.
t = Continuous sampling time of sample i.
T = Total continuous sampling time of all N samples.
61.145 - 5
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APPENDIX B TO 401 KAR 61:145
Equation for the time weighted average of the moisture content.
t
B R
wo Si
i 1
Where:
B = Proportion by volume of water vapor in the gas stream for the
run.
N = Number of samples.
= Proportion by volume of water vapor in the gas stream for the
sample i.
t = Continuous sampling time for sample i.
T = Total continuous sampling time of all N samples.
61.145 - S
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401 KAR 61:150. Existing synthesized pharmaceutical product manufacturing
operations.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
RELATES TO: KRS 224.20-100, 224.20-110, 224.20-120, 42 USC 7403. et. seq.,
42 USC 7407, 42 USC 7408, 42 USC 7410
STATUTORY AUTHORITY: KRS 224.10-100
NECESSITY AND FUNCTION: KP.S 224.10-100 requires the Natural Resources and
Environmental Protection Cabinet to prescribe regulations for the prevention,
abatement, and control of air pollution. 42 USC 7410 likewise requires the
state to implement standards for national primary and secondary ambient air
quality. This regulation provides for the control of volatile organic
compound emissions from existing synthesized pharmaceutical product
manufacturing operations.
Section 1. Definitions.
As used in this regulation, all terms not defined in this section shall have
the meaning given to them in 401 KAR 61:001.
(1) “Affected facility” means operations involved in the manufacture
of pharmaceutical products by chemical synthesis, but does not include
fermentation, extraction, or formulation and packaging.
(2) “Extraction” means the manufacture of botanical and biological
products by the extraction of organic chemicals from vegetative materials or
animal tissues.
(3) “Fermentation” means the production and separation of medicinal
chemicals such as antibiotics and vitamins from microorganisms.
(4) “Formulation and packaging” means the formulation of bulk
pharmaceuticals into various dosage forms such as tablets, capsules,
injectable solutions, ointments, etc. that can be taken by the patient
immediately and in accurate amount.
(5) “Classification date” means February 4, 1981.
(6) “kPa” means kilopascals.
(7) “psi” means pounds per square inch.
Section 2. Applicability.
This regulation shall apply to each affected facility commenced before the
classification date defined in Section 1 of this regulation which is located
in a county or portion of a county which is designated ozone nonattainment,
for any nonattainment classification except marginal, under 401 KAR 51:010.
Section 3. Standard for VOCs.
The owner or operator of an affected facility to which this regulation applies
shall install, maintain and operate the control equipment and observe at all
times the following operating requirements:
(1) (a) Each vent from reactors, distillation operations, crystallizers,
centrifuges, and vacuum dryers that emit 6.8 kg/day (fifteen (15) lb/day) or
more of VOC5 shall be equipped with surface condensers or other methods of
control which provide emission reductions equivalent to the use of surface
condensers which meet the requirements in paragraph (b) of this subsection.
(b) If surface condensers are used, the condenser outlet gas
temperature shall not exceed the following temperatures (degrees Celsius) if
condensing VOCs with the respective minimum vapor pressures (kilopascals). All
vapor pressures are measured to twenty (20) degrees Celsius.
1. Negative twenty-five (-25 C); forty (40) kPa (5.8 psi);
2. Negative fifteen (-l5 C); twenty (20) kPa (2.9 psi);
3. Zero (ObC); ten (10) kPa (1.5 psi);
4. Ten (10 C); seven (7) kPa (1.0 psi); and
5. Twenty-five (25 C), 3.5 kPa (0.5 psi).
(2) (a) For air dryers and production equipment exhaust systems that emit
61.150 - 1
-------
150 kg/day (330 ] .bs./day) or more of VOCs, emissions shall be reduced ninety
(90) percent.
(b) For air dryers and production equipment exhaust systems that emit
less than 150 kg/day (330 lbs/day), emissions shall be reduced to fifteen (15)
kg/day (thirty- three (33) lbs/day).
(3) (a) For storage tanks storing VOCs with a vapor pressure greater than
twenty-eight (28) kPa (4.1 psi) at twenty (201,C) , one (1) liter of displaced
vapor shall be allowed to be released to the atmosphere for every ten (10)
liters transferred (i.e., a ninety (90) percent effective vapor balance or
equivalent) on truck or rail car delivery to all tanks greater than 7,500 1
(2,000 gal) capacity unless the tanks are equipped with floating roofs, vapor
recovery systems, or their equivalent. This requirement does not apply to
transfer of VOCs from one (1) in-plant location to another.
(b) For tanks storing VOCs with a vapor pressure greater than ten (10)
kPa (1.5 psi) at twenty (20 C), the pressure or vacuum conservation vents
shall be set at plus or minus 0.2 kPa, unless more effective air pollution
control is used.
(4) All centrifuges containing VOCS, rotary vacuum filters processing
liquid containing VOCs and other filters having an exposed liquid surface if
the liquid contains VOCs shall be enclosed. This applies to liquids exerting a
total VOCs vapor pressure of 3.5 kPa (0.5 psi) or more at twenty (20) C.
(5) All in-process tanks containing VOC at any time shall have covers
which shall be closed except for short periods when production, sampling,
maintenance, or inspection procedures require operator access.
(6) For liquids containing VOCs, all leaks in which liquid can be
observed to be running or dripping from vessels and equipment (for example,
pumps, valves, flanges) shall be repaired within fifteen (15) days. A visual
recheck shall be made after repair. If the leak is still present or a new
leak is created by the repair, further maintenance shall be performed until
the VOC emission drops below the screening value (observed to be running or
dripping). Leaks that cannot be repaired within fifteen (15) days shall be
repaired during the next scheduled turnaround. If the cabinet requests it,
the owner or operator shall demonstrate to the cabinet’s satisfaction why the
repairs could not be completed within the initial fifteen (15) day period. If
the leak is unable to be brought into compliance, a variance shall be
requested and obtained on an individual basis. Case-by-case alternatives
approved by the cabinet, but not previously authorized by the U.S. EPA, shall
be submitted to the U.S. EPA as a SIP revision. Leak detection or maintenance
and repair procedures shall include maintaining a survey log identifying when
the leak occurred and reporting every ninety (90) days those leaks not
repaired after fifteen (15) days. The operator shall retain the survey log for
two (2) years after the inspection is completed.
Section 4. Compliance Timetable.
(1) Affected facilities which were subject to this regulation as in
effect on February 4, 1981, shall have achieved final compliance by December
31, 1982.
(2) The owner or operator of an affected facility that becomes subject
to this regulation on or after the effective date of this regulation shall be
required to complete the following:
(a) Submit a final control plan for achieving compliance with this
regulation no later than three (3) months after the date the affected facility
becomes subject to this regulation.
(b) Award the control system contract no later than five (5) months
after the date the affected facility becomes subject to this regulation.
(C) Initiate on-site construction or installation of emissions control
equipment no later than seven (7) months after the date the affected facility
becomes subject to this regulation.
(d) On-site construction or installation of emission control equipment
shall be completed no later than eleven (11) months after the date the
affect.ed facility becomes subject to this regulation.
(e) Final compliance shall be achieved no later than twelve (12)
61.150 - 2
-------
months after the date the affected facility becomes subject to this
regulation.
(f) If an affected facility becomes subject to this regulation becauss
it is located in a county previously designated nonurban nonattainment or
redesignated in 401 KAR 51:010 after November 15, 1990, final compliance may
be extended to May 31, 1995, and the schedule in paragraphs (a) through (d) of
this subsection adjusted by the cabinet.
Section 5. Compliance Procedures.
Compliance shall be determined based upon an engineering analysis by the
cabinet of the control system design, control device efficiency, control
system capture efficiency, and other factors that could influence the
performance of the system. If requested by the cabinet, performance tests as
specified by the cabinet shall be conducted to determine the efficiency of the
control device.
Section 6. Monitoring Requirements.
If adsorbers, condensers, incinerators, or scrubbers are used to achieve
compliance with Section 3 of the regulation, the following monitoring devices
shall be an integral part of the control device:
(1) For carbon adsorbers, a monitoring device connected to an alarm
device, which indicates carbon bed breakthrough;
(2) For condensers, a temperature sensing device located in the exit
gas stream;
(3) For incinerators, temperature sensing devices located in the
combustion chamber for thermal incinerators and in the catalyst pre-heat
chamber for catalytic incinerators; and
(4) For scrubbers, flow meters for measuring flow rate of scrubbing
medium or pressure drop measuring devices indicating back pressure and
pressure drop across the scrubber.
Effective Date: June 24, 1992
Date Submitted Date approved Federal
to EPA by EPA Register
Original Reg FEB 05, 1981 NOV 24, 1981 46 FR 57486
MAR 30, 1983 48 FR 13168
1st Revision OCT 20, 1992 JUN 23, 1994 59 FR 32343
61.150 - 3
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401 ICAR 61:155. Existing pneumatic rubber tire manufacturing plants.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
RELATES TO: KRS 224.20-100, 224.20-110, 224.20-120, 42 Usc 7401 et. seq.,
42 USC 7407, 42 usc 7408, 42 USC 7410
STATUTORY AUTHORITY: KRS 224.10-100
NECESSITY AND FUNCTION: KRS 224.10-100 requires the Natural Resources and
Environmental Protection Cabinet to prescribe regulations for the prevention,
abatement, and control of air pollution. 42 USC 7410 likewise requires the
state to implement standards for national primary and secondary ambient air
quality. This regulation provides for the control of volatile organic
compound emissions from existing pneumatic rubber tire manufacturing plants.
Section 1. Definitions.
As used in this regulation, all terms not defined in this section shall have
the meaning given to them in 401 KAR 61:001.
(1) “Affected facility” means undertread cementers, tread end
cementers, bead dip tanks, and green tire spray booths associated with the
manufacture of pneumatic rubber tires.
(2) “Manufacture of pneumatic rubber tires” means the mass production
of pneumatic rubber tires.
(3) “Pneumatic rubber tires” means agricu1tural, airp1ane, industrial,
mobile home, light and medium duty truck, and passenger vehicle tires of bead
diameter up to .51 m (twenty (20) in) and cross-sectional dimension up to .33
m (12.8 in).
(4) “Classification date” means February 4, 1981.
(5) “Water based sprays” means release compounds, sprayed on the
inside and outside of green tires, in which solids, water, and emulsifiers
have been substituted for organic solvents.
Section 2. Applicability.
This regulation shall apply to each affected facility commenced before the
classification date defined in Section 1 of this regulation which is located
in a county or portion of a county which is designated ozone nonattainment,
for any nonattainment classification except marginal, under 401 KAR 51:010.
Section 3. Standard for VOCs.
The owner or operator of an affected facility shall install, maintain and
operate capture and control equipment to achieve the following:
(1) Emissions from undertread cementers, tread end cementers and bead
dip tanks shall be reduced by at least seventy-six (76) percent; and
(2) Emissions from green tire spray booths shall be reduced by at
least eighty- one (81) percent. This requirement shall not apply to green tire
spray booths using water based sprays.
Section 4. Compliance.
Compliance shall be determined based upon an engineering analysis by the
cabinet of the control system design, control device efficiency, control
system capture efficiency and any other factors that may influence the
performance of the system. If requested by the cabinet, performance tests
specified by the cabinet shall be conducted to determine the efficiency of the
control device. Capture efficiency shall be determined by procedures
specified in 401 KAR 50:047.
Section 5. Compliance Timetable.
(1) Affected facilities which were subject to this regulation as in
effect on February 4, 1981, shall have achieved final compliance by December
31, 1982.
(2) The owner or operator of an affected facility that becomes subject
61.155 - 1
-------
to this regulation on or after the effective date of this regulation shall be
required to complete the following:
(a) A final control plan for achieving compliance with this regulation
shall be submitted no later than three (3) months after the date the affected
facility becomes subject to this regulation.
(b) The control system contract shall be awarded no later than five
(5) months after the date the affected facility becomes subject to this
regulation.
Cc) On-site construction or installation of emission control equipment
shall be initiated no later than seven (7) months after the date the affected
facility becomes subject to this regulation.
Cd) On-site construction or installation of emission control equipment
shall be completed no later than eleven (11) months after the date the
affected facility becomes subject to this regulation.
Ce) Final compliance shall be achieved no later than twelve (12)
months after the date the affected facility becomes subject to this
regulation.
Cf) If an affected facility becomes subject to this regulation because
it is located in a county previously designated nonurban nonattainment or
redesignated in 401 KP 1 R 51:010 after November 15, 1990, final compliance may
be extended to May 31, 1995, and the schedule in paragraphs Ca) through Cd) of
this subsection adjusted by the cabinet.
Effective Date: June 24, 1992
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg FEB 05, 1981 NOV 24, 1981 46 FR 57486
MAR 30, 1983 48 FR 13168
1st Revision OCT 20, 1992 JUN 23, 1994 59 FR 32343
61.155 - 2
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401 KILR 61:160. Existing perchloroethylene dry cleaning systems.
NPLTURALI RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
RELATES TO: KRS 224.20-100, 224.20-110, 224.20-120, 42 Usc 7401 et. seq., 42
USC 7407, 42 USC 7408, 42 USC 7410
STATUTORY AUTHORITY: XRS 224 .10-100
NECESSITY AND FUNCTION: KRS 224.10-100 requires the Natural Resources and
Environmental Protection Cabinet to prescribe regulations for the prevention,
abatement and control of air pollution. 42 USC 7410 likewise requires the
state to implement standards for national primary and secondary ambient air
quality. This regulation provides for the control of volatile organic
compound emissions from existing perchloroethylene dry cleaning systems.
Section 1. Definitions.
As used in this regulation, all terms not defined in this section shall have
the meaning given to them in 401 KAR 61:001.
(1) “Affected facility” means dry cleaning systems which use
perchloroethylene.
(2) “Dry cleaning system” means a series of equipment or operations
which includes, but is not limited to washer, dryer, filter and purification
systems, waste disposal systems, holding tanks, pumps, and attendant piping
and vaLves used for the purpose of commercial cleaning of fabrics.
(3) “Classification date” means February 4, 1981.
Section 2. Applicability.
This regulation shall apply to each affected facility commenced before the
classification date defined in Section 1 of this regulation which is located
in a county or portion of a county which is designated ozone nonattainment,
for any nonattainment classification except marginal, under 401 KAR 51:010.
Section 3. Standard for VOCs.
The owner or operator of an affected facility shall install, maintain and
operate the control equipment such that the following requirements are met;
(1) There shall be no liquid leakage of organic solvents from the
system.
(2) The entire dryer exhaust shall be vented through a properly
functioning carbon adsorber or equally effective control device.
(3) The maximum organic solvent concentration in the vent from the
dryer control device shall not exceed 100 ppm before dilution.
(4) Filter and distillation wastes:
(a) The residue from a diatomaceous earth filter shall be cooked or
treated so that wastes shall not contain more than twenty-five (25) kg of
solvent per 100 kg of wet waste material.
(b) The residue from a solvent still shall not contain more than sixty
(60) kg of solvent per 100 kg of wet waste material.
(c) Filtration cartridges shall be drained in the filter housing for
at least twenty-four (24) hours before being discarded. The drained cartridges
shall be dried in the dryer tumbler after draining.
(d) Any other filtration or distillation system may be used if
equivalency to these requirements is demonstrated. A system reducing waste
losses below one (1) kg solvent per 100 kg clothes cleaned shall be considered
equivalent.
Section 4. Compliance.
(1) Liquid leakage shall be determined by visual inspection of the
follow:Lng sources:
(a) Hose connections, unions, couplings and valves;
(b) Machine door gasket and seating;
(c) Filter head gasket and seating;
61.160 - 1
-------
Cd) Pumps;
(e) Base tanks and storage containers;
(f) Water separators;
(g) Filter sludge recovery operations;
(h) Distillation units;
Ci) Diverter valves;
Ci) Saturated lint from lint basket; and
(k) Cartridge filters.
(2) Dryer exhaust concentration shall be determined by the proper
installation, operation, and maintenance of approved equipment as determined
by the cabinet or by performance tests specified by the cabinet.
(3) The amount of solvent in filter and distillation wastes shall be
determined by ASTM D 322-67 (77), and substituting collector C from ASRM E
123-78. ASTM methods have been incorporated by reference in 401 KAR 50:015.
Section 5. Compliance Timetable.
(1) Affected facilities which were subject to this regulation as in
effect on February 4, 1981, shall have achieved final compliance by December
31, 1982.
(2) The owner or operator of an affected facility that becomes subject
to this regulation on or after the effective date of this regulation shall be
required to complete the following;
(a) Submit a final control plan for achieving compliance with this
regulation no later than three (3) months after the date the affected facility
becomes subject to this regulation.
(b) Award the control system contract no later than five (5) months
after the date the affected facility becomes subject to this regulation.
(c) Initiate on-site construction or installation of emission control
equipment no later than seven (7) months after the date the affected facility
becomes subject to this regulation.
(d) On-site construction or installation of emission control equipment
shall be completed no later than eleven (11) months after the date the
affected facility becomes subject to this regulation.
(e) Final compliance shall be achieved no later than twelve (12)
months after the date the affected facility becomes subject to this
regulation.
(f) If an affected facility becomes subject to this regulation because
it is located in a county previously designated nonurban nonattainment or
redesignated in 401 KAR 51:010 after November 15, 1990, final compliance may
be extended to May 31, 1995, and the schedule in paragraphs (a) through (d) of
this subsection adjusted by the cabinet.
Section 6. Exemptions.
Perchioroethylene dry cleaning facilities which are coin- operated shall be
exempt from this regulation.
Section 7. Variances.
Variation with the standards and limitations contained in this regulation, if
supported by adequate technical information, may be considered by the cabinet
on a case-by-case basis to allow for technological or economic circumstances
which are unique to a source. Case-by-case alternatives approved by the
cabinet, but not previously authorized by the U.S. EPA, shall be submitted to
the U.S. EPA as a SIP revision.
Effective Date: June 24, 1992
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg FEB 05, 1981 NOV 24, 1981 46 FR 57486
MAR 30, 1983 48 FR 13168
1st Revision OCT 20, 1992 JUN 23, 1994 59 FR 32343
61.160 - 2
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401 KAR 61:165. Existing prix ary aluminum reduction plants.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
RELATES TO: KP..S 224.20-100, 224.20-110, 224.20-120
STATUTORY AUTHORITY: KRS 224.10-100
NECESSITY AND FUNCTION: KRS 224.10-100 requires the Natural Resources and
Environmental Protection Cabinet to prescribe regulations for the prevention,
abatement, and control of air pollution. This regulation provides for the
control of emissions from existing primary aluminum reduction plants.
Section 1. Applicability.
(1) The provisions of this regulation shall apply to each affected
facility which means each potroom group within a primary aluminum reduction
plant commenced before the classification date defined below.
(2) A physical change in, or change in the method of operation of,
each potroom group within a primary aluminum reduction plant in conformance
with the change from this regulation, as effective November 5, 1981, to this
regulation, as effective October 1, 1984, shall not be a modification;
provided, that the potroom group within a primary aluminum reduction plant was
an affected facility at the time of the physical or operational change.
Section 2. Definitions.
As used in this regulation, all terms not defined herein shall have the
meaning given them in 401 KP.R 50:010.
(1) “Primary aluminum reduction plant” means any source manufacturing
aluminum by electrolytic reduction.
(2) “Potroom” means a building unit which houses a group of
electrolytic cells in which aluminum is produced.
(3) “Potroom group” means an uncontrolled potroom, a potroom which is
controlled individually, or a group of potrooms or potroom segments ducted to
a common control system.
(4) “Roof monitor” means that portion of the roof of a potroom where
gases not captured at the cell exit from the potroom.
(5) “Total fluorides” and “gaseous fluorides” means elemental fluorine
and all fluoride compounds, as measured and distinguished by reference methods
specified in Section 7 of this regulation or equivalent or alternative
methods.
(6) “Primary control system” means an air pollution control system
designed to remove gaseous and particulate fluorides from exhaust gases which
are captured at the cell.
(7) “Classification date” means October 23, 1974.
(8) “Dry scrubbing plant” means each primary aluminum reduction plant
with a primary control system which operates in a manner whereby potroom group
gases flow through a reaction bed consisting of alumina prior to being treated
by dry removal methods for particulate emissions control. The resulting
reaction bed products are then used as feed to the potroom group electrolytic
reduction cells.
(9) “Startup cell” means an electrolytic reduction cell which is
initially devoid of any materials other than carbon cathodes and anodes. Such
a cell undergoes a prebake period by passing electrical current through anodes
resting on the cathode floor, then has the necessary electrolyte and aluminum
added, such that it will produce aluminum.
(10) “Sick cell” means an electrolytic reduction cell which has lost
its proper heat balance, cannot maintain a solid crust, and must be removed
from the primary control system to receive corrective attention.
(11) “Normal potroom operations” means any potroom activity and
includes uncaptured cell gases resulting from startup cells, cell tapping,
anode changing, ore additions, or any other potroom operation but does not
include operations due to sick cells.
61.165 - 2.
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(12) “State Implementation Plan” means the most recently prepared plan
or revision thereof required by Section 110 of the Clean Air Act which has
been approved by the U.S. EPA.
Section 3. Standard for Visible Emissions.
On and after the date on which the performance test required to be conducted
by 401 KAR 61:005 is completed, no owner or operator subject to the provisions
of this regulation shall cause to be discharged into the atmosphere:
(1) From any potroom roof monitor any gases which exhibit ten (10)
percent opacity or greater during normal potroorn operation except startup
cells;
(2) From any potroom roof monitor section directly above sick cells or
startup cells any gases which exhibit forty (40) percent opacity or greater;
(3) From any dry scrubbing plant primary control system any gases
which exhibit ten (10) percent opacity or greater; or
(4) From any primary aluminum reduction plant other than a dry
scrubbing plant primary control system any gases which exhibit twenty-five
(25) percent opacity or greater.
Section 4. Standard for Fluorides.
(1) On and after the date on which the performance test required to be
conducted by 401 KAR 61:005 is completed, the owner or operator subject to the
provisions of this regulation shall:
(a) For a dry scrubbing plant cause to be discharged into the
atmosphere no gases which contain total fluorides in excess of one and nine-
tenths (1.9) lb/ton of aluminum produced except that emissions between one and
nine-tenths (1.9) lb/ton and two and five-tenths (2.5) lb/ton will be
considered in compliance if the owner or operator demonstrates to the
cabinet’s satisfaction that exemplary operation and maintenance procedures
were used with respect to the emission control system and that proper control
equipment was operating at the affected facility during the performance test.
(b) For any primary aluminum reduction plant other than a dry
scrubbing plant cause to be discharged into the atmosphere through each
potroom roof monitor no gases which contain gaseous fluorides in excess of
3.25 lb/hr.
Cc) For a primary aluminum reduction plant other than a dry scrubbing
plant cause to be discharged into the atmosphere from any primary control
system no gases which contain gaseous fluorides in excess of one and zero-
tenths (1.0) lbs/ton of aluminum produced except that any such plant may cause
to be discharged into the atmosphere gases which contain gaseous fluorides not
exceeding 290 lb/hr providing that a State Implementation Plan allowing such
emissions has been approved by the U.S. EPA. The minimum stack height for the
primary control system shall be 400 feet.
(2) In the event of a recorded violation of the fluoride standard
prescribed in 401 KAR 53:010, the cabinet shall require that remedial measures
be initiated from the source(s) responsible for causing said violation.
Section 5. Standard for Particulate Emissions.
On and after the date on which the performance test required to be conducted
by 401 KAR 61:005 is completed, no owner or operator subject to the provisions
of this regulation shall cause to be discharged into the atmosphere from any
primary aluminum reduction plant other than a dry scrubbing plant primary
control system any gases which contain particulate emissions in excess of
0.010 grfscf. Addition of dilution air shall not constitute compliance.
Section 6. Monitoring of Operations.
(1) The owner or operator of any primary aluminum reduction plant other
than a dry scrubbing plant subject to the provisions of this regulation shall
install, calibrate, maintain, and operate monitoring devices which can be used
to determine daily the weight of the aluminum produced. The weighing devices
shall have an accuracy of plus or minus five (5) percent over their operating
range.
61.165 - 2
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(2) The owner or operator of any primary aluminum reduction plant
other than a dry scrubbing plant shall maintain a record of daily production
rates of aluminum, raw material feed rates, and cell or potline voltages.
(3) The owner or operator of any affected facility shall install, use,
and maintain ambient air monitoring equipment in accordance with such methods
as the cabinet shall prescribe; establish and maintain records of same; and
make periodic emission reports at intervals prescribed by the cabinet.
Section 7. Test Methods and Procedures.
(1) Reference methods as defined in Appendix A of 40 CFR 60 or as
otherwise specified, filed by reference in 401 KPiR 50:015, except as provided
for in 401 KAR 50:045, shall be used to determine compliance with the
standards prescribed in Section 3, 4 and 5 of this regulation as follows:
(a) For sampling emissions from stacks:
1. Reference Method 13A or 13B for the concentration of total
fluoride and the associated moisture content;
2. Reference Method 1 for sample and velocity traverses;
3. Reference Method 2 for velocity and volumetric flow rate;
4. Reference Method 3 for gas analysis; and
5. Reference Method 5 for particulate emissions.
(b) For sampling emissions from roof monitors not employing stacks or
pollutant collection systems:
1. Reference Method 14 and Kentucky Method 130 for the concentration
of gaseous fluorides and associated moisture content;
2. Reference Method 1 for sample and velocity traverses;
3. Reference Method 2 and Reference Method 14 for velocity and
volumetric flow rate; and
4. Reference Method 3 for gas analysis.
(c) For opacity determination. Reference Method 9.
(2) For Reference Method 13A or 13B, 14, and Kentucky Method 130, the
sampling time for each run shall be at least eight (8) hours for any potroom
sample, and the minimum sample volume shall be six and eight-tenths (6.8) dscm
(240 dscf) for any potroom sample except that shorter sampling times or
smaller volumes, when necessitated by process variables or other factors, may
be approved by the cabinet.
(3) The air pollution control system for each affected facility shall
be corLstructed so that volumetric flow rates and total fluoride emissions can
be accurately determined using applicable methods specified under subsection
(1) of this section.
(4) The rate of aluminum production is determined by dividing 720
hours into the weight of aluminum tapped from the affected facility during a
period of thirty (30) days prior to and including the final run of a
performance test.
(5) For each run for any plant with an emission limitation expressed
in lbs/ton of aluminum produced, potroom group emissions expressed in
kg/metric ton of aluminum produced shall be determined using the equation in
Appendix A of this regulation.
(6) For any sampling harness which does not comply with Reference
Method 14 in Appendix A to 40 CFR 60, as amended on 7une 30, 1980, the cabinet
shall prescribe such sampling procedures as it deems appropriate.
Section 8. Compliance Timetable.
(1) The owner or operator of an affected facility shall be required
with respect to startup cell and sick cell emissions to achieve compliance
with this regulation no later than February 1, 1982, except as provided for
under Section 9 of this regulation.
(2) The owner or operator of an affected facility shall be required
with respect to the primary removal system to achieve final compliance no
later than February 1, 1981.
Section 9. Variance.
To alLow for technological and economic circumstances unique to a source,
61.165 - 3
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variation from the visible emission standard for sick or startup cells
specified in Section 3(2) of this regulation shall be granted by the cabinet
when supported by adequate technical and economic documentation reasonably
acceptable to the cabinet.
Effective Date: June 4, 1985
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg DEC 15, 1981 MAY 26, 1982 57 FR 22955
1st Revision MAR 04, 1982 AUG 10, 1982 47 FR 34537
2nd Revision APR 13, 1986 DEC 02, 1986 51 FR 43395
61.165 - 4
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401 KAR 61:170. Existing blast furnace casthouses.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
RELATES TO: KRS Chapter 224
STATUTORY AUTHORITY: KRS 224.10-100
NECESSITY AND FUNCTION: KRS 224.10-100 requires the Natural Resources and
Environmental Protection Cabinet to prescribe regulations for the prevention,
abatement, and control of air pollution. This regulation provides for the
control of emissions from existing blast furnace casthouses.
Section 1. Applicability.
The provisions of this regulation shall apply to blast furnace casthouses
located in, or impacting upon, an area designated nonattainment for total
suspended particulates under 401 KAR 51:010 which commenced before the
classification date defined below. Blast furnace casthouses located in areas
designated as nonattainment which were required to obtain permits prior to the
effective date of this regulation shall maintain the permit and any applicable
requirements when the area is redesignated in 401 KP&R 51:010 or 40 CFR 81.318,
unless a state implementation plan which provides for other controls is
approved by the U.S. EPA.
Section 2. Definitions.
As used in this regulation all terms not defined herein shall have the meaning
given them in 401 KAR 50:010.
(1) “Blast furnace casthouses” means the building or buildings which
houses the following operations:
(a) Casting of hot metal from a blast furnace from an opening at the
bottom of the furnace through a runner into a torpedo car; and
(b) Casting of the slag from a blast furnace from an opening at the
bottom of the furnace through runner(s) into a slag ladle or slag pit.
(2) “Blast furnace” means a furnace producing pig iron by introducing
iron-bearing materials, coke, and flux materials into a vessel and introducing
heated combustion air to form a reducing gas which is passed counter current
to the descending raw materials.
(3) “Classification date” means April 1, 1984.
(4) “Control device” means the air pollution control equipment used to
remove particulate matter generated in the blast furnace casthouses from the
effluent gas stream.
Section 3. Standard for Particulate Matter.
No owner or operator of a blast furnace casthouse subject to the provisions of
this regulation shall cause to be discharged into the atmosphere from the
blast furnace casthouse any gases which:
(1) Exhibit an average opacity in excess of twenty (20) percent.
(2) If such gases exit from a gas cleaner, no owner or operator
subject to the provisions of this regulation shall cause to be discharged into
the at.mosphere any gases which:
(a) Contain particulate matter in excess of 0.010 gr/dscf as tested
during the casting of hot metal and slag; or
(b) Exhibit an average opacity in excess of twenty (20) percent.
Section 4. Test Methods and Procedures.
Reference methods in Appendix A of 40 CFR 60, except as provided in 401 KAR
50:045, and as supplemented by the procedures in subsection (6) of this
section, shall be used to determine compliance with the standards prescribed
under Section 3 of this regulation as follows:
(1) Reference Method 5 for the concentration of particulate matter and
associated moisture content;
(2) Reference Method 1 for sample and velocity traverses;
61.170 - 1
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(3) Reference Method 2 for velocity and volumetric flow rate;
(4) Reference Method 3 for gas analysis; and
(5) Reference Method 9 for the determination of opacity.
(6) For the purpose of determining compliance with Section 3(1) of
this regulation, the following procedures shall be used to supplement Method
9:
(a) A series of consecutive observations taken at fifteen (15) second
intervals shall be made during the entire period of time that hot metal and
slag are being cast. Compliance shall be based on a comparison of the
standard in Section 3(1) of this regulation with the highest average opacity
occurring over any six (6) consecutive minutes during the period of
observation. If emissions are being emitted from the roof monitor and other
discharge points from the building, the reader shall read and record whichever
plume is most opaque at the time of each reading.
(b)1. In making observations of roof monitor emissions, the reader shall
be positioned within a sector seventy (70) degrees either side of a line
perpendicular to the long axis of the roof monitor. Within this sector the
reader shall be positioned with the sun behind him and generally perpendicular
to the axis of the plume that is being observed. On overcast days or if the
plume is in a shadow, the reader need not follow the requirement about
positioning his back to the sun.
2. In making observations of emissions from other openings in the
building, the reader shall be positioned within a sector seventy (70) degrees
either side of a line perpendicular to the side of the building nearest which
the emissions occur and with a clear view of the emissions. Within this
sector the reader shall be positioned with the sun behind him and generally
perpendicular to the axis of the plume that is being observed. On overcast
days, the reader need not follow the requirement about positioning his back to
the sun.
Section 5. Compliance Timetable.
The owner or operator of a blast furnace casthouse subject to the provisions
of this regulation shall demonstrate compliance with Section 3 of this
regulation on or before December 31, 1982.
Section 6. Alternate Emission Limitations.
Th owner or operator of an affected facility subject to this regulation may
propose an alternate plan pursuant to the requirements of 401 KAR 51:055 to
meet the emissions limitations required by this regulation.
Effective Date: April 14, 1988
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg MAY 01, 1984 DEC 04, 1986 51 FR 43742
MAY 04, 1989 54 FR 19169
1st Revision JUL 07, 1988 FEB 07,1990 55 FR 4169
61.170 - 2
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401 KAR 61:175. Leaks from existing synthetic organic chemical and polymer
manufacturing equipment.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
RELATES TO: KRS 224.20-100, 224.20-110, 224.20-120; Appendix A to 40 CFR 60
(Method 21); 42 USC 7410
STATUTORY AUTHORITY: KRS 224.10-100
NECESSITY AND FUNCTION: KRS 224.10-100 requires the Natural Resources and
Environmental Protection Cabinet to prescribe regulations for the prevention,
abatement and control of air pollution. 42 USC 7410 likewise requires the state
to implement standards for national primary and secondary ambient air quality.
This regulation provides for the control of volatile organic compound emissions
from leaks from existing synthetic organic chemical and polymer manufacturing
equipment.
Section 1. Definitions.
As used in this regulation, all terms not defined in this section shall have the
meaning given to them in 401 KAR 61:001.
(1) “Affected facility” means each individual component which contacts
a process fluid that contains greater than ten (10) percent volatile organic
compounds (VOC5) by weight within a synthetic organic chemical manufacturing
plant or polymer manufacturing plant.
(2) “Component” means a piece of equipment, including but not limited to
pumps, valves, compressors, and pressure relief valves, which has the potential
to leak (VOC5).
(3) “Synthetic organic chemical manufacturing plant” means facilities
which operate equipment in process units to manufacture methyl tert-butyl ether
or one (1.) or more of the synthetic organic chemicals listed in 401 KAR 59:305.
(4) “Polymer manufacturing plant” means a facility which operates
equipment in process units to manufacture polyethylene, polypropylene, or
polystyrene.
(5) “Leak” means the presence of a VOC concentration exceeding 10,000 ppm
by voJume if tested in the manner referenced in Section 5 of this regulation.
(6) “Gas service” means that the VOC is gaseous at conditions that
prevail in the component during normal operations.
(7) “In light liquid service” means that the component contacts a liquid
with concentration greater than twenty (20) percent by weight of VOCs having
a vapor pressure greater than three-tenths (0.3) kilopascals at twenty (20)
degrees Celsius.
(8) “Light liquid” means a liquid with a concentration greater than
twenty (20) percent by weight of VOCs having a vapor pressure greater than three-
tenths (0.3) kilopascals at twenty (20) degrees Celsius.
(9) “Heavy liquid” means a fluid which is not in the gaseous state at
operating conditions or which is not a light liquid.
(10) “Process unit” means components assembled to manufacture, as
intermediate or final products, one (1) or more of the chemicals referenced in
subsections (3) and (4) of this section. A process unit can operate
independently if it is supplied with sufficient feed or raw materials and
sufficient storage facilities for the product.
(11) “Classification date” means January 5, 1981.
Section 2. Applicability.
(1) This regulation shall apply to each affected facility commenced on or
before the classification date defined in Section 1 of this regulation which is
located in a county or portion of a county which is designated ozone
nonattainment, for any nonattainment classification except marginal, under 401
KAR 51:010.
(2) This regulation shall not apply to components within a petroleum
refinery complex. Leaks from new and existing petroleum refinery equipment shall
61.175 - 1
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be regulated by 401 KAR 59:049 and 401 KAR 61:137, respectively.
Section 3. Standard for VOCE.
(1) If an affected facility within the manufacturing plant is found to be
leaking, the owner or operator shall repair the leak within fifteen (15) days.
A component recheck shall be made within five (5) days after repair. If the leak
is still present or a new leak is created by the repair, further maintenance
shall be performed until the VOC emission drops below the screening value (10,000
ppm by volume).
(2) J ny time a valve is located at the end of a pipe or line containing
VOCs, the owner or operator shall seal the end of the line with a second valve,
a blind flange, a plug, or a cap. This sealing device may be removed only when
a sample is being taken or during maintenance operations. This requirement shall
not apply to safety pressure relief valves.
Section 4. Monitoring and Reporting Requirements.
The owner or operator shall conduct monitoring of affected facilities and submit
records as specified below:
Cl) The operator shall perform component monitoring using the method
referenced in Section 5 of this regulation as follows:
(a) Monitor with a portable VOC detection device four (4) times per year
(quarterly) pumps in light liquid service, compressors, valves in light liquid
service, valves in gas service, and pressure relief valves in gas service.
(b) Monitor visually fifty-two (52) times per year (weekly) pumps in
light liquid service. Each pump shall be repaired within fifteen (15) days after
visual inspection indicates it is leaking.
(c) Monitor with a portable VOC detection device a:pressure relief valve
within five (5) days after it has vented to the - atmosphere. Pressure relief
devices which are tied in to either a flare header or vapor- recovery device shall
be exempt from the monitoring requirements. -
Cd) Monitor with a portable VOC detection device within five (5) days of
discovery, a component whose sight, smell, or sound indicates that it might be
leaking. -
(e) Difficult or unsafe-to-monitor components shall be exempt from this
subsection, however these components shall meet the requirements for difficult
or unsafe-to-monitor valves as specified in 401 KAR 59:305.
(2) Pipeline valves and pressure relief valves for gas service shall be
marked or noted so that their location is readily obvious to both the operator
performing the monitoring and the cabinet.
(3) When a leak is located, a weatherproof and readily visible tag
bearing an identification number and the date the leak is located shall be
affixed to the leaking component. The location, tag number, date, and stream
composition of the leak shall also be noted on a survey log. When the leak is
repaired, the date of repair and date and detector reading of component recheck
after maintenance shall be entered in the survey log and the tag discarded. The
operator shall retain the survey log for two (2) years after the inspection is
completed. The survey log shall be made available to the cabinet upon request.
(4) After quarterly monitoring has been performed the operator shall
submit a report to the cabinet listing all leaks that were located but not
repaired within the fifteen (15) day limit and a signed statement attesting to
the fact that all monitoring has been performed as stipulated in the control
plan. Leaks that cannot be repaired within fifteen (15) days shall be repaired
during the next scheduled turnaround. If the cabinet requests it, the owner or
operator shall demonstrate to the cabinet’s satisfaction why the repairs could
not be completed within the initial fifteen (15) day period. If the leak is
unable to be brought into compliance, a variance shall be requested which the
cabinet may grant on an individual basis, based upon a showing which is
satisfactory to the cabinet. Case-by-case alternatives approved by the cabinet,
but not previously authorized by the U.S. EPA, shall be submitted to the U.S. EPA
as a SIP revision.
61.175 - 2
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Section 5. Test Methods and Procedures.
(1) Except as provided for in 401 KAR 50:045, Appendix A to 40 CFR 60,
Method 21, which has been incorporated by reference in 401 KAR 50:015, shall be
used to determine compliance with the standard prescribed in Section 3 of this
regulat:ion and the monitoring requirements in Section 4 of this regulation.
(2) The owner or operator may elect to use alternate monitoring methods
if it can be demonstrated to the cabinet’s satisfaction that the alternate
methods shall achieve equivalent control efficiency.
Section 6. Compliance Timetable.
(1) Affected facilities which were subject to this regulation as in effect
on December 2, 1986, shall have achieved final compliance by January 1, 1988.
(2) The owner or operator of an affected facility that becomes subject
to this regulation on or after the effective date of this regulation shall
complete the following:
(a) Submit a final control plan for achieving compliance with this
regulation no later than six (6) months after the date the affected facility
becomes subject to this regulation.
(b) Final compliance shall be achieved no later than twelve (1.2) months
after the date the affected facility becomes subject to this regulation.
Cc) If an affected facility becomes subject to this regulation because
it is located in a county previously designated nonurban nonattainment or
redesignated in 401 KAR 51:010 after November 15, 1990, final compliance may be
extended to May 31, 1995, and the schedule in paragraphs (a) and (b) of this
subsection adjusted by the cabinet.
Section 7. Exemptions.
(1) Process units which process only heavy liquid VOC shall be exempt from
Section 4 of this regulation.
(2) Equipment operating under a vacuum shall be exempt from provisions
of] this regulation.
(3) Affected facilities within a process unit that has the design
capacity to manufacture less than 1,000 megagrams per year of polyethylene,
polypiopylene, polystyrene, methyl tert-butyl ether, or one (1) or more of the
synthetic organic chemicals listed in 401 KAR 59:305, shall be exempt from this
regulation.
(4) Affected facilities within a process unit that manufactures beverage
alcohol shall be exempt from this regulation.
Section 8. Modifications.
(1) If, after at least one (1) complete annual check, the operator
determines that modifications of the monitoring requirements are in order, he may
request in writing to the cabinet that a revision to the monitoring requirements
be made. The submittal shall include data that have been developed to justify
modifications in the monitoring schedule. The cabinet may grant this revision
to the! monitoring requirements based upon a showing which is satisfactory to the
cabinet.
(2) An owner or operator may elect to comply with the alternative
standards for valves contained in 401 KAR 59:305. In 401 KAR 59:305 under skip
period leak detection and repair alternative for valves, the phrase “60.482-7”
shall be read as “Section 4 of this regulation.”
Effective Date: June 24, 1992
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg DEC 29, 1986 JUL 05, 1988 53 FR 25176
1st Revision OCT 20, 1992 JUN 23, 1994 59 FR 32343
61.175 - 3
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APPENDIX A TO 401 KAR 61:175
EQUATION FOR POTROOM GROUP EMISSIONS
(CQ) 10 6 (CQ) 10 6
E 1 2
p M
Where:
= Primary control system emissions of gaseous fluorides in
kg/metric ton of aluminum produced at any plant other than
a dry scrubbing plant.
= Potroom group emissions of total fluorides in kg/metric ton
of aluminum produced at dry scrubbing plants.
C = For dry scrubbing plants, concentration of total fluorides
in mg/dscm as determined by Reference Method 13A or 13B, or
Reference Method 14 as applicable.
= For plants other than dry scrubbing plants, concentration of
gaseous fluorides as determined by Kentucky Method 130.
Q = Volumetric flow rate of the effluent gas stream in dscm/hour
as determined by Reference Method 2 and/or Reference Method
14, as applicable.
106 = Conversion factor for mg to kg.
M = Rate of aluminum production in metric ton/hour as determined
by Section 7(4) of this regulation.
(CQ) = Product of C and Q for measurements of primary control
system effluent gas streams.
(CQ) 2 = Product of C and Q for measurements of roof monitor effluent
gas stream at dry scrubbing plants. (CQ) 2 shall be equal to
zero for any plant other than a dry scrubbing plant.
61.175 - 4
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401 KAR 63:001. Definitions and abbreviations of terms used in 401 K.AR
Chapter 63.
NATUPA(J RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
RELATES TO: KRS 224.01-010, 224.20-100, 224.20-110, 224.20-120; 40 CFR Chapter
1; Appendices A through K to 40 CFR 50; 40 CFR 5 1. 100(s); 40 CFR 53; 40 CFR
60; Appendices A and B to 40 CFR 60; Appendix B to 40 CFR 61; 42 USC 7410; 42
USC 7411. (a) (8)
STATUTORY AUTHORITY KRS 224. 10-100.
NECESSITY AND FUNCTION: KRS 224.10-100 requires the Natural Resources and
Environmental Protection Cabinet to prescribe regulations for the prevention,
abatement, and control of air pollution. This administrative regulation
provides for the definition of terms used in 401 KAR Chapter 63.
Section 1. General definitions. As used in the Division for Air Quality
admin3strative regulations of 401 KAR Chapter 63, unless the content clearly
indicates otherwise in a specific administrative regulation, the following
words shall have the following meanings:
(1) “Affected facility” means an apparatus, building, operation, road, or
other entity or series of entities which emits or may emit an air
contaminant into the outdoor atmosphere.
(2) “Air contaminant” has the meaning given it in KRS 224.01-010.
(3) “Air pollutant” means an air contaminant.
(4) “Air pollution” has the meaning given it in KPS 224.01-010.
(5) “Air pollution control equipment” means a mechanism, device or
contrivance used to control or prevent air pollution, which is not,
aside from air pollution control laws and regulations, vital to
production of the normal product of the source or to its normal
operation.
(6) “Alteration” means:
(a) The installation or replacement of air pollution control equipment
at a source;
(b) A physical change in or change in the method of operation of an
affected facility which increases the potential to emit of a
pollutant (to which a standard applies) emitted by the facility or
which results in the emission of an air pollutant (to which a
standard applies) not previously emitted.
(7) “Alternative method” means a method of sampling and analyzing for an air
pollutant which is not a reference or equivalent method but which has
been demonstrated to the cabinet’s and the U.S. EPA’s satisfaction to,
in specific cases, produce results adequate for its determination of
compliance.
(8) “Ambient air” means that portion of the atmosphere, external to
buildings, to which the general public has access.
(9) “Ambient air quality standard” means a numerical expression of a
specified concentration level for a particular air contaminant and the
time averaging interval over which that concentration level is measured
and is a goal to be achieved in a stated time through the application of
appropriate preventive or control measures.
63.001 - 1
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(10) “Cabinet” has the meaning given it in KRS 224.01-010.
(11) “Capital expenditure” means an expenditure for a physical or operational
change to an affected facility which exceeds the product of the
applicable “annual asset guideline repair allowance percentage”
specified in the Internal Revenue Service (IRS) Publication 534 which
has been incorporated by reference in 401 KAR 50:010 and the affected
facility’s basis, as defined by section 1012 of the Internal Revenue
Code which has been incorporated by reference in 401 KAR 50:010.
However, the total expenditure for a physical or operational change to
an affected facility shall not be reduced by any “excluded additions” as
defined in IRS Publication 534, as would be done for tax purposes.
(12) “Co ence” means that an owner or operator has undertaken a continuous
program of construction, modification, or reconstruction of an affected
facility, or that an owner or operator has entered into a contractual
obligation to undertake and complete, within a reasonable time, a
continuous program of construction, modification, or reconstruction of
an affected facility.
(13) “Compliance schedule” means a time schedule of remedial measures
including an enforceable sequence of actions or operations leading to
compliance with a limitation or standard.
(14) “Construction” means fabrication, erection, installation or modification
of an air contaminant source.
(15) “Continuous monitoring system” means the total equipment, required under
the applicable regulations used to sample, to condition (if applicable),
to analyze and to provide a permanent record of emissions or process
parameters.
(16) “Director” means Director of the Division for Air Quality of the Natural
Resources and Environmental Protection Cabinet.
(17) “District” has the meaning given it in KRS 224.01-010.
(18) “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 an affected facility or from air pollution
control equipment installed in an affected facility.
(19) “Equivalent method” means a method of sampling and analyzing for an air
pollutant which has been demonstrated to the cabinet’s and the U.S.
EPA’s satisfaction to have a consistent and quantitatively known
relationship to the reference method, under specified conditions.
(20) “Exempt solvent” means an organic compound listed in the definition of
volatile organic compound as not participating in atmospheric
photochemical reactions.
(21) “Existing source” means a source which is not a new source.
(22) “Extreme nonattainment county” or “extreme nonattainment area” means a
county or portion of a county designated extreme nonattainment in 401
KAR 51:010.
(23) “Fixed capital cost” means the capital needed to provide all the
depreciable components.
(24) “Fuel” means natural gas, petroleum, coal, wood, and any form of solid,
liquid, or gaseous fuel derived from these materials for the purpose of
63.001 - 2
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creating useful heat.
(25) “Fugitive emissions” means the emissions of an air contaminant into the
open air other than from a stack or air pollution control equipment
exhaust.
(26) “Hydrocarbon” means an organic compound consisting predominantly of
carbon and hydrogen.
(27) “Incineration” means the process of igniting and burning solid, semi-
solid, liquid, or gaseous combustible wastes.
(28) “Intermittent emissions” means emissions of particulate matter into the
open air from a process which operates for less than any six (6)
consecutive minutes.
(29) “Major source” means a source of which the potential emission rate is
equal to or greater than 100 tons per year of any one (1) of the
following pollutants: particulate matter, sulfur oxides, nitrogen
.oxides, volatile organic compounds or carbon monoxide.
(30) “Malfunction” means a 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 preventable equipment breakdown shall not be considered
malfunctions.
(31) “Marginal nonattainment county” or “marginal nonattainment area” means a
county or portion of a county designated marginal nonattainment in 401
KAR 51:010.
(32) “Moderate nonattainment county” or “moderate nonattainment area” means a
county or portion of a county designated moderate nonattainment in 401
KAR 51:010.
(33) “Modification” means a physical change in, or change in the method of
operation of, an affected facility which increases the amount of an air
pollutant (to which a standard applies) emitted into the atmosphere by
that facility or which results in the emission of an air pollutant (to
which a standard applies) into the atmosphere not previously emitted.
The following shall not, by themselves, be considered modifications:
(a) Maintenance, repair, and replacement which the cabinet determines
to be routine for a source category;
(b) An increase in production rate of an affected facility, if that
increase can be accomplished without a capital expenditure on that
facility;
(c) An increase in the hours of operation;
(d) Use of an alternative fuel or raw material if, prior to the date
any standard becomes applicable to that source type. the affected
facility was designed to accommodate that alternative use. A
facility shall be considered to be designed to accommodate an
alternative fuel or raw material if that use could be accomplished
under the facility’s construction specifications as amended prior
to the change. Conversion to coal required for energy
considerations, as specified in 42 USC 741 1 (a) (8), shall not be
considered a modification;
Ce) The addition or use of any system or device whose primary function
63.001 - 3
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is the reduction of air pollutants, except when an emission
control system is removed or is replaced by a system which the
cabinet determines to be less environmentally beneficial;
(f) The relocation or change in ownership of an existing facility.
(34) “Monitoring device” means the total equipment, required in applicable
regulations, used to measure and record (if applicable) process
parameters.
(35) “New source” means a source, the construction, reconstruction, or
modification of which commenced on or after the classification date as
defined in the applicable regulation. A source, upon reconstruction,
becomes a new source, irrespective of a change in emission rate.
(36) “Nitrogen oxides” means all oxides of nitrogen except nitrous oxide, as
measured by test methods specified by the cabinet.
(37) “Opacity” means the degree to which emissions reduce the transmission of
light and obscure the view of an object in the background.
(38) “Owner or operator” means, a person who owns, leases, operates,
controls, or supervises an affected facility or a source to which an
affected facility is a part.
(39) “Particulate matter” means a material, except uncombined water, which
exists in a finely divided form as a liquid or a solid as measured by
the appropriate approved test method.
(40) “Particulate matter emissions” means, except as used in 40 CFR 60, all
finely divided solid or liquid material, other than uncombined water,
emitted to the ambient air as measured by applicable reference methods,
or an equivalent or alternative method specified in 40 CFR Chapter I, or
by a test method specified in the approved state implementation plan.
(41) “Person” means an individual, public or private corporation, political
subdivision, government agency, municipality, industry, co-partnership,
association, firm, trust, estate, or other entity.
(42) “PM .,” means particulate matter with an aerodynamic diameter less than
or equal to a nominal ten (10) micrometers as measured by a reference
method based on appendix J to 40 CFR 50, which has been incorporated by
reference in 401 KAR 50:015, and designated in accordance with 40 CFR
53, or by an equivalent method designated in accordance with 40 CFR 53.
(43) “PM.. emissions” means finely divided solid or liquid material with an
aerodynamic diameter less than or equal to a nominal ten (10)
micrometers emitted to the ambient air as measured by an applicable
reference method, or an equivalent or alternative method, specified in
40 CFR Chapter 1, or by a test method specified in the approved state
implementation plan.
(44) “Potential to emit” means the maximum capacity of a stationary source to
emit a pollutant under its physical and operational design. A physical
or operational limitation on the capacity of the source to emit, a
pollutant, including air pollution control equipment and restrictions on
hours of operation or on the type or amount of material conibusted,
stored, or processed, shall be treated as part of its design if the
limitation or the effect it would have on emissions is federally
enforceable. Secondary emissions shall not count in determining the
potential to emit of a stationary source.
(45) “Reconstruction” means the replacement of components of an existing
63.001 - 4
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affected facility to the extent that the fixed capital cost of the new
components exceeds fifty (50) percent of the fixed capital cost that
would be required to construct a comparable entirely new affected
facility, and it is technologically and economically feasible to meet
the applicable new source standards. Individual sections of these
administrative regulations may include specific provisions which refine
and delimit the concept of reconstruction set forth in this subsection.
The cabinet’s determination as to whether the proposed replacement
constitutes reconstruction shall be based On:
(a) The fixed capital cost of the replacements in comparison to the
fixed capital cost that would be required to construct a
comparable entirely new facility;
(b) The estimated life of the affected facility after the replacements
compared to the life of a comparable entirely new affected
facility;
Cc) The extent to which the components being replaced cause or
contribute to the emissions from the affected facility; and
Cd) Economic or technical limitations on compliance with applicable
standards of performance which are inherent in the proposed
replacements.
(46) “Reference method” means a method of sampling and analyzing for an air
pollutant as prescribed by Appendices A through K to 40 CFR 50,
appendices A and B to 40 CFR 60, and Appendix B to 40 CFR 61, which have
been incorporated by reference in 401 KAR 50:015. This term may be more
narrowly defined within a specific administrative regulation.
(47) “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. -
(48) “Secondary emissions” means emissions which occur as a result of the
construction or operation of a major stationary source or major
modification, but do not come from the major stationary source or major
modification itself. Secondary emissions shall be specific, well
defined, quantifiable, and shall impact the same general area as does
the stationary source modification which causes the secondary emissions.
Secondary emissions may include, but are not limited to emissions from
an of fsite support facility which would not otherwise be constructed or
increase its emissions as a result of the constructiop or operation of
the major stationary source or major modification. Secondary emissions
do not include emissions which come directly from a mobile source, such
as the emissions from the tailpipe of a motor vehicle, from a train, or
from a vessel.
(49) “Serious nonattainment county” or “serious nonattainment area” means a
county or portion of a county designated serious nonattainment in 401
KAR 51:010.
(50) “Severe nonattainment county” or “severe nonattaininent area” means a
county or portion of a county designated severe nonattainment in 401 KAR
51:010.
(51) “Shutdown” means the cessation of an operation.
(52) “Source” means one (1) or more affected facilities 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.
63.001 - 5
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(53) “Stack or chimney” means a flue, conduit, or duct arranged to conduct
emissions to the atmosphere.
(54) “Standard” means an emission standard, a standard of performance, or an
ambient air quality standard as promulgated under the administrative
regulations of the Division for Air Quality or the emission control
requirements necessary to comply with 401 KAR Chapter 51, of the
administrative regulations of the Division for Air Quality.
(55) “Standard conditions:”
(a) For source measurements means twenty (20) degrees Celsius (sixty-
eight (68) degrees Fahrenheit) and a pressure of 760 mm Hg (29.92
in. of Hg);
(b) For the purpose of air quality determinations means twenty-five
(25) degrees Celsius and a reference pressure of 760 mm Hg.
(56) “Start-up” means the setting in operation of an affected facility.
(57) “State implementation plan” means the most recently prepared plan or
revision required by 42 USC 7410 which has been approved by the U.S.
EPA.
(58) “Total suspended particulate” means particulate matter as measured by
the method described in Appendix B of 40 CFR 50, which has been
incorporated by reference in 401 KP.R 50:015.
(59) “Uncotnbined water” means water which can be separated from a compound by
ordinary physical means and which is not bound to a compound by internal
molecular forces.
(GO) “Urban county” means a county which is a part of an urbanized area with
a population of greater than 200,000 based upon the 1980 census. If a
portion of a county is a part of an urbanized area, then the entire
county shall be classified as urban with respect to the administrative
regulations of the Division for Air Quality.
(61) “Urbanized area” means an area defined as such by the U.S. Department of
Commerce, Bureau of Census.
(62) “Volatile organic compound” or “VOC” means an organic compound which
participates in atmospheric photochemical reactions. This includes an
organic compo und other than the following compounds: methane; ethane;
carbon monoxide; carbon dioxide; carbonic acid; metallic carbides or
carbonates; ammonium carbonate; methylene chloride; 1,1,1-
trich].oroethane (methyl chloroform); trichlorofluoromethane (CFC-11);
dichiorodifluorometharie (CFC-12); chlorodifluoromethane (HCFC-22);
trifluoromethane (HFC-23); 1, l,2-trichloro-1,2,2-trifluoroethane (CFC-
113); dichiorotetrafluoroethane (CFC-114); chloropentafluoroethane (CFC-
115); dichlorotrifluoroethane (HCFC-123); tetrafluoroethane (HFC-l34a);
dichlorofluoroethane (HCFC141b); chlorodifluoroethane (HCFC-].42b); 2-
chloro-1, 1,1, 2-tetrafluoroethane (HCFC-124); pentafluoroethane (HFC-
125); l,1,2,2-tetrafluoroethane (HFC-134); 1,1, 1-trifluoroethane (HFC-
143a); 1, l-difluoroethane (HFC-l52a); parachlorobenzotrifluoride
(PCBTF); cyclic, branched, or linear completely methylated siloxanes;
acetone; perchioroethylene (tetrachioroethylene) and perfluorocarbon
compounds which fall into these classes:
(a) Cyclic, branched, or linear, completely fluorinated alkanes;
(b) Cyclic, branched, or linear, completely fluorinated ethers with no
unsaturations;
63.001 - 6
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Cc) Cyclic, branched, or linear, completely fluorinated tertiary
amines with no unsaturations; and
(d) Sulfur containing perfluorocarbons with no unsaturations and with
sulfur bonds only to carbon and fluorine. These compounds have
been determined to have negligible photochemical reactivity. For
purposes of determining compliance with emission limits, VOCs
shall be measured by test methods that have been approved by the
cabinet and the U.S. EPA. If a method used also inadvertently
measures compounds with negligible photochemical reactivity, an
owner or operator may exclude these negligibly reactive compounds
when determining compliance with an emissions standard.
Section 2. Abbreviations. The abbreviations used in the administrative
regulations of 401 KA Chapter 63, shall have the following meanings:
AOAC - Association of Official Analytical Chemists
ANSI - American National Standards Institute
ASTM - American Society for Testing and Materials
SOD - Biochemical oxidant demand
BTU - British Thermal Unit
- Degree Celsius (centigrade) Cal - calorie
cfm - cubic feet per minute
CFR - Code of Federal Regulations
CHr - methane
CO - Carbon monoxide
CO 2 - Carbon dioxide
COD - Chemical oxidant demand
dscf - dry cubic feet at standard conditions
dscm . dry cubic meter at standard conditions
- Degree Fahrenheit
ft - feet
g - gram
gal - gallon
gr - grain
hr - hour
HCI - Hydrochloric acid
Hg - mercury
HF - Hydrogen fluoride
H 2 0 - water
H 2 S - Hydrogen sulfide
H 2 SOI - Sulfuric acid
in - inch
J - joule
KAR - Kentucky Administrative Regulations
kg - kilogram
KRS - Kentucky Revised Statutes I - liter
lb - pound
m - meter
- cubic meter
mm - minute
mg - milligram
MJ - megajoules
M M - million mm - millimeter
mo - month
Ng - nanograms
N 2 - Nitrogen
NO - Nitric oxide
NO 2 - Nitrogen dioxide
NO - Nitrogen oxides
oz- ounce
02- oxygen
03 - ozone
63.001 - 7
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ppb - parts per billion
ppm - parts per million
ppm (w/w) - parts per million (weight by weight)
mg - microgram
psia - pounds per square inch absolute
psig - pounds per square inch gauge
S - at standard conditions
sec -second
SIP - State implementation plan
SO 2 - Sulfur dioxide
sq - square
TAPPI - Technical Association of the Pulp and Paper Industry
TSP - Total suspended particulates
TSS - Total suspended solids
U.S. EPA - United States Environmental Protection Agency
UTM - Universal Transverse Mercator
VOC - Volatile organic compound
yd - yard
Effective Date: June 6, 1996
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg OCT 20, 1992 JUN 23, 1994 FR 59 32343
1st Revision JAN 27, 1995 JUN 13, 1995 FR 60 31087
2nd Revision JUN 19, 1996 JAN 1, 1997 FR 62 2916
63.001 - 8
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401 ICAR 63:005. Open burning.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
RELATES TO: KRS 224.10-100, 224.20-100, 224.20-110, 224.20-120, 42 Usc 7401
through 7671q
STATUTORY AUTHORITY: KRS 224.10-100
NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100 requires the Natural
Resources and Environmental Protection Cabinet to prescribe administrative
regulations for the prevention, abatement, and control of air pollution. This
administrative regulation provides for the control of open burning.
Section 1. Definitions. Terms not defined in this section shall have the
meaning given them in 401 KP R 63:001.
(1) “Garbage” means putrescible animal and vegetable matter accumulated
by a family in a residence in the course of ordinary day to day living.
(2) “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.
(3) “Open burning” means the burning of any matter without an approved
burn chamber and a stack or chimney with approved control devices.
(4) “Priority I Region” means a region classified as Priority I in 401
KAR 50:020, Appendix A.
Section 2. Applicability. This administrative regulation shall apply to
all open burning that is not subject to another administrative regulation in 401
KAR Chapters 50 through 65.
Section 3. Prohibition of Open Burning. Except as provided in this
section open burning is prohibited. Fires may be set for the purposes specified
in this section throughout the year in any area of the Commonwealth which is not
designated, or was not previously designated, moderate nonattainmerit for ozone
pursuant to 401 KAR 51:010, if the fires do not violate KRS Chapter 149, 150,
227, other laws of the Commonwealth of Kentucky, or local ordinances. Purposes
for which open burning is allowed are:
(1) Fires set for the cooking of food for human consumption;
(2) Fires set for recreational or ceremonial purposes;
(3) Small fires set by construction and other workers for comfort heating
purposes if excessive or unusual smoke is not created;
(4) Fires set for the purpose of weed abatement, disease, and pest
prevention; -
(5) Fires set for prevention of a fire hazard, including the disposal of
dangerous materials if no safe alternative is available;
(6) Fires set for the purpose of bona fide instruction and training of
public and industrial employees in the methods of fighting fires;
(7) Fires set for recognized agricultural, silvicultural, range, and
wildlife management practices;
(8) Fires set by individual home owners for burning of leaves except in
cities greater than 8,000 population located in a Priority I Region;
(9) Fires set for disposal of household rubbish, not to include garbage,
originating at dwellings of five (5) family units or less, if the fires are
maintained by an occupant of the dwelling at the dwelling, except in cities
greater than 8,000 population located in a Priority I Region;
(10) Fires set for the purpose of disposing of accidental spills or leaks
of crude oil, petroleum products or other organic materials, and the disposal of
absorbent material used in their removal, if no other economically feasible means
of disposal is available and practical. Permission shall be obtained from the
cabiz,et prior to burning;
(11) Fires set for disposal of natural growth for land clearing, and trees
and tree limbs felled by storms, if no extraneous materials such as tires or
heavy oil which tend to produce dense smoke are used to cause ignition or aid
combustion and the burning is done on days when conditions do not pose a threat
of igniting a forest fire. In regions classified Priority I with respect to
6. .005 -
-------
particulate matter pursuant to 401 K R 50:020, ppendix A, the emissions from
such fires shall not be equal to or greater than forty (40) percent opacity.
(12) Heating ropes that are set on fire to repair steel rails during cold
weather.
Section 4. Additional Restrictions for Ozone Nonattainment Areas and Areas
Previously Designated Nonattainment for Ozone. For those areas which are, or
were previously, designated moderate nonattaininent for ozone pursuant to 401 KAR
51:010, fires may be set according to the provisions of Section 3 of this
administrative regulation except during the months of May, June, July, August,
and September. During these months, the only open burning activities allowed
are:
(1) Fires set for the cooking of food for human consumption;
(2) Fires set for prevention of a fire hazard, including disposal of
dangerous materials if no safe alternative is available;
(3) Fires set for the purpose of bona fide instruction and training of
public and industrial employees in the methods of fighting fires;
(4) Fires set for recognized agricultural, silvicultural, range, and
wildlife management practices;
(5) Fires set for the purpose of disposing of accidental spills or leaks
of crude oil, petroleum products or other organic materials, and the disposal of
absorbent material used in their removal, if no other economically feasible
means of disposal is available and practical. Permission shall be obtained from
the cabinet prior to burning; and
(6) Fires set for recreational or ceremonial purposes.
Effective Date: January 12, 1998
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 JULY 12, 1982 47 FR 30059
1st Revision OCT 11, 1998 DEC, 8 1998 63 FR 67586
63.005 - 2
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401 KAIt 63:010. Fugitive emissions.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
Relates to: KRS Chapter 224
Pursuant to: KRS 13.082, 224.033
Necess:Lty and Function: KRS 224.033 requires the Department for Natural
Resources and Environmental Protection to prescribe regulations for the
prevention, abatement, and control of air pollution. This regulation provides
for the control of fugitive emissions.
Section 1. Applicability. The provisions of this regulation are applicable
to each affected facility as defined in Section 2.
Section 2. Definitions. Terms used in this regulation not defined herein
shall have the meaning given to them in 401 KAR 50:010.
(1) “Affected facility” means an apparatus, operation, or road which emits
or may emit fugitive emissions provided that the fugitive emissions from
such facility are not elsewhere subject to an opacity standard within
the regulations of the Division of Air Pollution.
(2) “Fugitive emissions” means the emissions of any air contaminant into the
open air other than from a stack or air pollution control equipment
exhaust.
(3) “Open air” means the air outside buildings, structures, and equipment.
(4) “Classification date” means the effective date of this regulation.
Section 3. Standards for Fugitive emissions.
(1) No person shall cause, suffer, or allow any material to be handled,
processed, transported, or stored; a building or its appurtenances to be
constructed, altered, repaired, or demolished, or a road to be used
without taking reasonable precaution to prevent particulate matter from
becoming airborne. Such reasonable precautions shall include, when
applicable, but not be limited to the following:
(a) 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;
(b) Application and maintenance of asphalt, oil, water, or suitable
chemicals on roads, materials stockpiles, and other surfaces which
can create airborne dusts;
Cc) 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;
Cd) Covering, at all times when in motion, open bodied trucks
transporting materials likely to become airborne;
(e) The maintenance of paved roadways in a clean condition;
(f) The prompt removal of earth or other material from a paved Street
which earth or other material has been transported thereto by
63.010 - 1
-------
trucking or earth moving equipment or erosion by water.
(2) No person shall cause or permit the discharge of visible fugitive dust
emission beyond the lot line of the property on which the emissions
originate.
(3) When dust, fumes, gases, mist, odorous matter, vapors, or any
combination thereof escape from a building or equipment in such a manner
and amount as to cause a nuisance or to violate any regulation, the
secretary may order that the building or equipment in which processing,
handling and storage are done by tightly closed and ventilated in such a
way that all air and gases or 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.
(4) The provisions of this regulation shall not apply to agricultural
practices such as tilling of land or application of fertilizers, which
take place on a farm.
Section 4. Additional Requirements. In addition to the requirements of
Section 3, the following shall apply:
(1) At all times when in motion, open bodied trucks, operating outside
company property, transporting materials likely to become airborne
shall be covered.
(2) Agricultural practices, such as tilling of land or application of
fertilizers, which take place on a farm shall be conducted in such a
manner as to not create a nuisance to others residing in the area.
Agricultural practices are not subject the opacity standard.
(3) The provisions of Sections 3(1) and (2) shall not be applicable to
temporary blasting or construction operations.
(4) No one shall allow earth or other material being transported by truck or
earth moving equipment to be deposited onto a paved street or roadway.
Effective date: June 29, 1979
Date Submitted Date .7 pproved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 JULY 12, 1982 - 47 FR 30059
[ NOTE: 63:010 WAS APPROVED FOR A AINMENT AREAS ONLY IN THE NON- PART D SIP]
63.010 - 2
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401 KAR 63:015. Flares.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
Relates to: KRS Chapter, 224
Pursuant to: KRS 13.082, 224.033
Necessity and Function: KRS 224.033 requires the Department for Natural
Resources and Environmental Protection to prescribe regulations for the
prevention, abatement, and control of air pollution. This regulation provides
for the control of flares.
Section 1. Applicability. The provisions of this regulation are applicable to
each affected facility which means flares as defined in Section 2.
Section 2. Definitions. Terms used in this regulation not defined herein
shall have the meaning given to them in 401 KAR 50:010.
(1) “Classification date” means April 9, 1972.
(2) “Flare” means a device at the tip of a stack or other opening used for
the disposal of waste gas stream by combustion.
Section 3. Standard for Particulate Matter.
No person shall cause, suffer, or allow the emission into the open air of
particulate matter from any flare which is greater than twenty (20) percent
opacit:y for more than three (3) minutes in any one (1) day.
Effective Date: June 6, 1979
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 DEC 24, 1980 45 FR 84999
63.015 - 1
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401 ICAR 63:020. Potentially hazardous matter or toxic substances.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
Relates to: KRS Chapter 224
Pursuant to: KRS 13.082, 224.033
Necessity and Function: KRS 224.033 requires the Department for Natural
Resources and Environmental Protection to prescribe regulations for the
prevention, abatement, and control of air pollution. This regulation provides
for the control of emissions of potentially hazardous matter and toxic
substances -
Section 1. Applicability. The provisions of this regulation are applicable
to each affected facility which emits or may emit potentially hazardous matter
or toxic substances as defined in Section 2, provided such emissions are not
elsewhere subject to the provisions of the regulations of the Division of Air
Pollution.
Section 2. Definitions. Terms used in this regulation not defined herein
shall have the meaning given to them in 401 KAR 50:010.
(1) “Classification date” means April 9, 1972.
(2) “Potentially hazardous matter or toxic substances” means matter which
may be harmful to the health and welfare of humans, animals, and plants,
including, but not limited to, antimony, arsenic, bismuth, lead, silica,
tin, and compounds of such materials.
Section 3. Control of Potentially Hazardous Matter and Toxic Substances.
Persons responsible for a source from which hazardous matter or toxic
substances may be emitted shall provide the utmost care and consideration, in
the handling of these materials, to the potentially harmful effects of the
emissions resulting from such activities. No owner or operator shall allow
any affected facility to emit potentially hazardous matter or toxic substances
in such quantities or duration as to be harmful to the health and welfare of
humans, animals and plants. Evaluation of such facilities as to adequacy of
controls and/or procedures and emissions potential will be made on an
individual basis by the department.
Effective date: June 6, 1979
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Peg JUN 29, 1979 DEC 24, 1980 45 FR 84999
63.020 - 1
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401 ICAR 63:025. Asphalt paving operations.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
Relates to: KRS Chapter 224.20-100, 224.20-110, 224.20-120
Pursuant to: KRS 13.082, 224.10-100
Necessity and Function: KRS 224.10-100 requires the Department for Natural
Resources and Environmental Protection to prescribe regulations for the
prevention, abatement, and control of air pollution. This regulation provides
f or the control of volatile organic compound emissions due to asphalt paving
operations.
Section 1. Definitions. Terms used in this regulation not defined in this
section shall have the meaning given to them in 401 KAR 50:010.
(1) “Asphalt paving operations” means the use of asphalt in any paving
operation, public or private, including, but not limited to paving of
roads, paving of parking lots, maintenance operations, application of
tack coats, sealants, etc.
(2) “Asphalt” means a dark-brown to black cementitious material (solid,
semisolid, or liquid in consistency) in which the predominating
constituents are bitumens which occur in nature as such or which are
obtained as residue in refining petroleum.
(3) “Cutback asphalt” means asphalt cement which has been liquefied by
blending with VOCs as diluents. Upon exposure to atmospheric conditions
the diluents evaporate, leaving the asphalt cement to perform its
function.
(4) “Emulsified asphalt” means an emulsion of asphalt cement, VOCs, and
water which contains a small amount of an emulsifying agent; a
heterogeneous system containing two (2) normally immiscible phases
(asphalt and water) in which the water forms the continuous phase of the
emulsion, and minute globules of asphalt form the discontinuous phase.
(5) “Maintenance operation” means patching of holes and breaks in pavement
as is necessary for safety.
(6) “Penetrating prime coat” means an application of ,low- viscosity liquid
asphalt to an absorbent surface. It is used to prepare an untreated
base for an asphalt surface. The prime penetrates the base and plugs
the voids, hardens the top, and helps bind it to the overlying asphalt
course. It also reduces the necessity of maintaining an untreated base
course prior to placing the asphalt paving.
(7) “Unacceptable emulsion asphalt” means any emulsion asphalt which yields
more than seven (7) percent by volume of oil distillate when tested
according to AASHTO T 59-78, Sections 7 to 9, which have been
incorporated by reference in 401 KAR 50:015.
Section 2. Applicability
This regulation is applicable to all asphalt paving operations which are
located in a county or portion of a county which is designated ozone
nonattainment, for any nonattainment classification except marginal, under 401
KAR 5L:010.
Section 3. Standard for VOCs. On or after April 1, 1980, no person shall use
cutback asphalts or unacceptable emulsion asphalts for asphalt paving
63.025 - 1
-------
operations. If this requirement becomes applicable because the county was
previously designated nonurban nonattainment or redesignated in 401 KAR 51:01
after November 15, 1990, compliance is extended to May 31, 1995.
Section 4. Exemptions. This regulation shall not apply to the following
asphalt paving operations:
(1) Application of penetrating prime coat;
(2) Dust suppression operations;
(3) Maintenance operations during the months of November, December, January,
February, and March.
Effective Date: June 24, 1992.
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Peg JUN 29, 1979 JUL 12, 1982 45 FR 84999
1st Revision OCT 20, 1992 JUN 23, 1994 59 FR 32343
63.025 - 2
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401 KAR 63:031 Leaks from gasoline tank trucks.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
Relates to: KRS Chapter 224
Pursuant to: KRS 13.082, 224.033
Necessity and Function: KRS 224.033 requires the Department for Natural
Resources and Environmental Protection to prescribe regulations for the
prevention, abatement, and control of air pollution. This regulation provides
for the control of volatile organic compound emissions from leaks from
gasoline tank trucks.
Section 1. Applicability.
(1) The provisions of this regulation shall apply to each affected facility
which loads or unloads gasoline on or after November 1, 1982.
(2) The provisions of this regulation shall not apply to affected facilities
which are subject to the regulations of a local air pollution control
district within the Commonwealth of Kentucky which have been approved by
the department and the U.S. EPA.
Section 2. Definitions. As used in this regulation, all terms not defined
herein shall have the meaning given to them in 401 KAR 50:010, 401 KAR 61:055,
401 1(AR 61:056, and 401 KAR 61:085.
(1) “Affected facility “ means gasoline tank trucks that are equipped for
vapor collection and which load or unload at bulk terminals regulated by
401 KAR 59:010 or 401 KAR 61:055, bulk plants in urban counties
regulated by 401 KAR 59:101 or 401 KAR 61:056, and service stations
regulated by 401 KAR 59:175 or 401 KAR 61:085.
(2) “Volatile organic compounds” means chemical compounds of carbon
(excluding methane, ethane, carbon monoxide, carbon dioxide, carbonic
acid, metallic carbides, and ammonium carbonate) which have a vapor
pressure greater than one-tenth (0.1) mmHg at conditions of twenty (20)
degrees Celsius and 760 mm Hg.
(3) “LEL” means lower explosive limit, measured as propane.
(4) “Kentucky pressure-vacuum test sticker” means a sticker which is issued
each year by the department, in accordance with the provisions of
Section 5, to the owner or operator of a gasoline tank truck subject to
this regulation or which may be issued by a local air pollution control
district within the Commonwealth of Kentucky with an equivalent
regulation approved by the department and the U.S. EPA. This sticker
indicates the compliance of the gasoline tank truck as witnessed by the
department with the standard in Section 3(1) or compliance with a
program determined equivalent by the department but administered by
another state in which the gasoline tank truck is based.
Section 3. Standard for volatile organic compounds.
(1) Mo owner or operator of a gasoline tank truck subject to this regulation
shall allow loading or unloading unless the gasoline tank truck has a
valid Kentucky pressure-vacuum test sticker attached and visibly
displayed. This sticker ir dicates that the gasoline tank truck and its
vapor collection system have been tested as having a pressure change of
no more than seventy-five (75) mm water (three (3) in. water) in five
(5) minutes when pressurized to 450 mm water (eighteen (18) in. water)
6 0’l. — 1
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or evacuated to 150 nim water (six (6) in. water) using the test
procedure referenced in Section 4. The sticker shall be attached to t
tank, located near the Department of Transportation Certification plate,
and clearly visible.
(2) During loading or unloading operations at regulated service station,
bulk plants in urban counties and bulk terminals, there shall be no
reading greater than or equal to 100 percent of the lower explosive
limit (LEL, measured as propane) at a distance of 2.5 centimeters around
the perimeter of a potential leak source as detected by a combustible
gas detector using the test procedure referenced in Section 4.
(3) During loading or unloading at service stations, bulk plants in urban
counties and bulk terminals, there shall be no avoidable visible liquid
leaks.
Section 4. Compliance.
(1) The test procedure as defined in Appendix A to “Control of Volatile
Organic Compound Leaks from Gasoline Tank Trucks and Vapor Collection
Systems” (OAQPS 1.2-119, U.S. EPA, Office of Air Quality Planning and
Standards), filed by reference in 401 KAR 50:015, or an equivalent
procedure approved by the department shall be used to determine
compliance with the standard prescribed in Section 3 (1). The owner or
operator of the tank truck shall have the tank truck tested annually in
the presence of a representative from the department and shall maintain
records of test data, date of testing, identification of tank truck,
type of repair, retest data and date. Records shall be maintained by
the owner or operator for two (2) years after the date of testing and
made available upon request to the department. The owner or operator of
a gasoline tank truck shall provide the department ten (10) working days
prior notice of the test to enable the department to have an observer
present.
(2) The test procedure as defined in Appendix B to “Control of Volatile
Organic Compound Leaks from Gasoline Tank Trucks and Vapor Collection
Systems” (OAQPS 1.2-119, U.S. EPA, Office of Air Quality Planning and
Standards), filed by reference in 401 KAR 50:015, or an equivalent
procedure approved by the department shall be used to determine
compliance with the standard prescribed in Section 3(2) during
inspections conducted pursuant to KRS 224.033(10). Trucks with leaks
greater than or equal to 100 percent of the LEL shall be repaired and
shall pass the pressure and vacuum test described in Section 3(1) within
fifteen (15) days.
Section 5. Sticker Application and Fee.
(1) The owner or operator of a gasoline tank truck subject to this
regulation shall apply to the department each year for a sticker.
Applications shall be made on forms prepared by the department for such
purpose. Applications shall be signed by the corporate president or by
another duly authorized agent of the corporation; 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 executive or
official of such subdivision. Such signature shall constitute personal
affirmation that the statements made in the application are true and
complete. Failure to supply information required or deemed necessary by
the department shall result in d nial of the application. The
department shall deny an application if the applicant willfully makes
material misstatements in the application. Applications shall be
received by the department at least fifteen (15) working days before a
63.031 - 2
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test.
(2) Any owner or operator who submits an application for a sticker shall
include with the application a certified check or money order in the
amount of the sticker fee assessed by the department, payable to the
Kentucky State Treasurer. The sticker f cc for each gasoline tank truck
is seventy dollars ($70) per year. Retests on current applications for
obtaining a sticker shall not require additional applications or fees.
The fee is ten dollars ($10) for each gasoline tank truck which is in
compliance with a program determined equivalent by the department, but
administered by another state in which the gasoline tank truck is based.
The provisions of 401 KAR 50:035 and 401 KAR 50:036 shall not apply to
the owner or operator of a gasoline tank truck subject to this
regulation. Sticker fees are not refundable if a sticker is denied or
an application is withdrawn. Fees are payable at the time of
application.
(3) Provisions of subsection (2) of this section shall not apply to publicly
owned affected facilities.
Effective date: February 8, 1993.
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg SEP 24, 1982 MAR 30, 1983 48 FR 13168
1st Revision FEB 17, 1993 JUN 23, 1994 59 FR 32343
, i’l - 1
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401 KAR 65:001. Definitions and abbreviations of terms used in 401 ICAR
Chapter 65.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
RELATES TO: KRS 224.01-010, 224. 10-100; 40 CFR, Chapter 1; Appendices B and A
to 40 CFR 50; 40 CFR 53; 40 CFR 60; 42 USC 7410
STATUTORY AUTHORITY: ICRS 224.10-100
NECESSITY AND FUNCTION: ICRS 224.10-100 requires the Natural Resources and
Environmental Protection Cabinet to prescribe regulations for the prevention,
abatement, and control of air pollution. This administrative regulation
provides for the defining of terms to be used in 401 KAR Chapter 65.
Section 1. General definitions. As used in the Division for Air Quality
administrative regulations of 401 KAR Chapter 65, unless the content clearly
indicates otherwise in a specific administrative regulation, the following
terms shall have the following meanings:
C].) “Air contaminant” has the meaning given it in KRS 224.01-010.
(2) “Air pollutant” means an air contaminant.
(3) “Air pollution” has the meaning given it in KRS 224.01-010.
(4) “Alternative method” means a method of sampling and analyzing for an air
pollutant which is not a reference or equivalent method but which has
been demonstrated to the cabinet’s and the U.S. EPA’s satisfaction to,
in specific cases, produce results adequate for its determination of
compliance.
(5) “Ambient air” means that portion of the atmosphere, external to
buildings, to which the general public has access.
(6) “Ambient air quality standard” means a numerical expression of a
specified concentration level for a particular air contaminant and the
time averaging interval over which that concentration level is measured
and is a goal to be achieved in a stated time through the application of
appropriate preventive or control measures.
(7) “Cabinet” has the meaning given it in KRS 224.01-010.
(8) “Director” means Director of the Division for Air Quality of the Natural
Resources and Environmental Protection Cabinet.
(9) “District” has the meaning given it in KRS 224.Ol@0].0.
(10) “Equivalent method” means a method of sampling and analyzing for an air
pollutants which has been demonstrated to the cabinet’s and the U.S.
EPA’S satisfaction to have a consistent and quantitatively known
relationship to the reference method, under specified conditions.
(11) “Exempt solvent” means an organic compound listed in the definition of
volatile organic compound as not participating in atmospheric
photochemical reactions.
(12) “Extreme nonattainment county” or “extreme nonattainment area” means a
county or portion of a county designated extreme nonattainment in 401
KAR 51:010.
(13) “Hydrocarbon” means an organic compound consisting predominantly of
carbon and hydrogen.
65.001 - 1
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(14) “Marginal nonattainment county” or “marginal nonattainment area” means a
county or portion of a county designated marginal nonattainmerit in 401
KAR 51:010.
(15) “Moderate nonattainment county” or “moderate nonattainment area” means a
county or portion of a county designated moderate nonattainment in 40].
KAR 51:010.
(16) “Nitrogen oxides” means all oxides of nitrogen except nitrous oxide, as
measured by test methods specified by the cabinet.
(17) “Opacity” means the degree to which emissions reduce the transmission of
light and obscure the view of an object in the background.
(18) “Particulate matter” means a material, except uncombined water, which
exists in a finely divided form as a liquid or a solid as measured by
the appropriate approved test method.
(19) “Particulate matter emissions” means, except as used in 40 CFR 60, all
finely divided solid or liquid material, other than uncombined water,
emitted to the ambient air as measured by applicable reference methods,
or an equivalent or alternative method specified in 40 CFR Chapter I, or
by a test method specified in the approved state implementation plan.
(20) “FM ..” means particulate matter with an aerodynamic diameter less than
or equal to a nominal ten (10) micrometers as measured by a reference
method based on Appendix iT to 40 CFR 50, which has been incorporated by
reference in 401 KAR 50:015, and designated in accordance with 40 CFR
53, or by an equivalent method designated in accordance with 40 CFR 53.
(21) “PM. emissions” means finely divided solid or liquid material with an
aez odynamic diameter less than or equal to a nominal ten (10)
micrometers emitted to the ambient air as measured by an applicable
reference method, or an equivalent or alternative method, specified in
40 CFR Chapter 1, or by a test method specified in the approved state
implementation plan.
(22) “Serious nonattainment county” or “serious nonattainment area” means a
county or portion of a county designated serious nonattainment in 401
KAR 51:010. -
(23) “Severe nonattainment county” or “severe nonattainment area” means a
county or portion of a county designated severe nonattainment in 401 KAR
51:010.
(24) “Standard” means an emission standard, a standard of performance, or an
ambient air quality standard as promulgated under the administrative
regulations of the Division for Air Quality or the emission control
requirements necessary to comply with 401 KAR Chapter 51, of the
administrative regulations of the Division for Air Quality.
(25) “Standard conditions:”
(a) For source measurements means twenty (20) degrees Celsius (sixty-
eight (68) degrees Fahrenheit) and a pressure of 760 mm Hg (29.92
inS. of Hg);
(b) For the purpose of air quality determinations means twenty-five
(25) degrees Celsius and a reference pressure of 760 mm Hg.
(26) “State implementation plan” means the most recently prepared plan or
revision required by 42 USC 7410 which has been approved by the U.S.
EPA.
65 (IP ’ — 2
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(27) “Total suspended particulate” means particulate matter as measured by
the method T described in Appendix B of 40 CFR 50, which has been
incorporated by reference in 401 KAR 50:015.
(28) “Uncombined water” means water which can be separated from a compound by
ordinary physical means and which is not bound to a compound by internal
molecular forces.
(29) “Urban county” means a county which is a part of an urbanized area with
a population of greater than 200,000 based upon the 1980 census. If a
portion of a county is a part of an urbanized area, then the entire
county shall be classified as urban with respect to the administrative
regulations of the Division for Air Quality.
(30) “Urbanized area” means an area defined as such by the U.S. Department of
Commerce, Bureau of Census.
(31) “Volatile organic compound” or “VOC” means an organic compound which
participates in atmospheric photochemical reactions. This includes an
organic compound other than the following compounds; methane; ethane;
carbon monoxide; carbon dioxide; carbonic acid; metallic carbides or
carbonates; ammonium carbonate; methylene chloride; 1,1,1-
trichioroethane (methyl chloroform); trichiorofluoromethane (CPC-1l);
dichlorodifluoromethane (CFC-12); chlorodifluoromethane (HCFC-22);
trifluoromethane (HFC-23); 1,1, 2-trichloro- 1,2, 2-trifluoroethane (CFC-
113); dichlorotetrafluoroethane (CFC-114); chloropentafluoroethane (CFC-
115); dichlorotrifluoroethane (HCFC-123); tetrafluoroethane (HFC-].34a);
dichlorofluoroethane (HCFC141b); chiorodifluoroethane (HCFC-142b); 2-
chloro-l, 1,1, 2-tetrafluoroethane (HCFC-124); pentafluoroethane (HFC-
125); 1,1,2,2-tetrafluoroethane (HFC-134); 1,1,1-trifluoroethane (HFC-
l43a); 1, 1-difluoroethane (HFC-152a) ; parachlorobenzotrifluoride
(PCBTF); cyclic, branched, or linear completely methylated siloxanes;
and perfluorocarbon compounds which fall into these classes:
(a) Cyclic, branched, or linear, completely fluorinated alkanes;
(b) Cyclic, branched, or linear, completely fluorinated ethers with no
unsaturat ioflS;
(c) Cyclic, branched, or linear, completely fluorinated tertiary
amines with no unsaturations; and
Cd) Sulfur containing perfluorocarbons with no unsaturations and with
sulfur bonds only to carbon and fluorine. These compounds have
been determined to have negligible photochemical reactivity. For
purposes of determining compliance with emission limits, VOCs
shall be measured by test methods that have been approved by the
cabinet and the U.S. EPA. If a method used also inadvertently
measures compounds with negligible photochemical reactivity, an
owner or operator may exclude these negligibly reactive compounds
when determining compliance with an emissions standard.
Section 2. Abbreviations. The abbreviations used in the administrative
regulations of 401 KAR Chapter 65 shall have the following meanings:
AOAC - Association of Official Analytical Chemists.
ANSI - American National Standards Institute.
ASTM - American Society for Testing and Materials.
BOD - Biochemical oxidant demand.
BTrJ - British Thermal Unit.
- Degree Celsius (centigrade).
Cal - calorie.
cfm - cubic feet per minute.
CFR - Code of Federal Regulations.
65.001 - 3
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CH - methane.
Co - Carbon monoxide.
CO 2 - Carbon dioxide.
COD - Chemical oxidant demand.
dscf - dry cubic feet at standard conditions.
dscm - dry cubic meter at standard conditions.
- Degree Fahrenheit.
ft - feet.
g - gram.
gal - gallon.
gr - grain.
hr - hour.
HCL - Hydrochloric acid.
Hg - mercury.
HF - Hydrogen fluoride.
H 2 0 - water.
H 2 S - Hydrogen sulfide.
H 2 SO, - Sulfuric acid.
in - inch.
3 - joule.
KAR - Kentucky Administrative Regulations.
kg - kilogram.
KRS - Kentucky Revised Statutes.
1 - liter.
lb - pound.
m - meter.
m 3 - cubic meter.
mm - minute.
mg - milligram.
NJ - megajoules.
MM - million.
mm - millimeter
mo - month.
Ng - nanograms.
N 2 - Nitrogen.
NO - Nitric oxide.
NO 2 - Nitrogen dioxide.
NO - Nitrogen oxides.
oz - ounce.
02 - oxygen.
03 - ozone.
ppb means parts per billion.
ppm means parts per million.
ppm (w/w) means parts per million (weight by weight).
- microgram.
psia pounds per square inch absolute.
psig pounds per square inch gage.
S - at: standard conditions.
sec - second.
SIP - State implementation plan.
SO 2 - Sulfur dioxide.
sq - square.
TAPPI - Technical Association of the Pulp and Paper Industry.
TSP - Total suspended particulates.
TSS - Total suspended solids.
U.S. EPA - United States Environmental Protection Agency.
UTM - Universal Transverse Mercator.
VOC - Volatile organic compound.
yd - yard.
Effective date: June 6, 1996
65.001 - 4
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Date Submitted Date . pproved Federal
to EPA by EPA Register
Original Reg OCT 20, 1992 JUN 23, 1994 59 FR 32343
1st Revision JAN 27, 1995 JUN 13, 1995 60 FR 31087
2nd Revision JUN 19, 1996 JAN 21, 1997 62 FR 2916
65.00]. - 5
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401 ICAR 65:005. Liquefied petroleum gas carburetion systems.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CP 1 BINET
Department for Environmental Protection
Division for Air Quality
Relates to: KRS Chapters 224,234
Pursuant to: KRS 13.082, 224.033, 224.021, 234.321
Necessity and Function: KRS 234.321 requires the Department for Natural
Resources and Environmental Protection to establish emission standards for
liquefied petroleum gas carburetion systems. This regulation complies with
that requirement.
Section 1. General ProviBions.
(1) pplicability. This regulation is applicable only to motor vehicles
utilizing liquefied petroleum gas for fuel which are required to be
equipped with carburetion systems approved by the department in order to
be eligible for tax exemptions as set forth in KRS 234.321.
(2) Definitions. As used in this regulation, all terms not defined herein
shall have the meaning given them in 401 KAR 234.321.
(a) “Exhaust emissions” means substances emitted to the atmosphere
from any opening downstream from the exhaust port of a motor
vehicle engine.
(b) “Light-duty vehicle” means any motor vehicle either designed
primarily for transportation of property and rated at 6,000 pounds
gross vehicle weight or less or designed primarily for
transportation of persons and having a capacity of twelve (12)
persons or less.
Cc) “Heavy-duty vehicle” means any motor vehicle either designed
primarily for transportation of property and rated at more than
- 6,000 pounds gross vehicle weight or designed primarily for
transportation of persons and having a capacity of more than
twelve (12) person.
(d) “Gross vehicle weight” means the manufacturer’s gross weight
rating.
(3) Vehicle modification to use liquefied petroleum gas:
(a) In addition to all other standards or requirements imposed, any
modification of a motor vehicle which allows that vehicle to use
liquefied petroleum gas (LPG) for fuel shall not in its operation
and function, or malfunction:
1. Cause any emission into the ambient air of any noxious or
toxic matter that would not be emitted in the operation of
such motor vehicle or motor vehicle engine operating without
such a modification; or
2. Cause any unsafe condition which may endanger the motor
vehicle, or its occupants or other persons or property.
(b) In cases where a modification of a vehicle has been made which
enables gasoline and/or liquefied petroleum gas to be used as
fuel, evidence satisfactory to the department must be presented to
the department must be presented to the department that the
modification will not cause increased emissions by the vehicle
when that vehicle is being fueled by gasoline.
Cc) The reactivity of the exhaust gases must not be increased by any
65.005 - 1
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modification to a carburetion system, which modification allows
the use of liquefied petroleum gas or fuel.
(4) pp1ication for approval:
(a) An application for approval of any carburetion system which uses
liquefied petroleum gas may be to the department by any
manufacturer.
(b) The application shall be in writing, signed by an authorized
representative of the manufacturer, and shall include the
following:
1. Identification and description of the carburetion systems,
vehicles and engines with respect to which approval is
required.
2. A complete description of all modifications and additions to
the engine or vehicle.
3. Emission data on such vehicles and engines tested in
accordance with the applicable exhaust emission test
procedures.
4. A description of tests performed to ascertain compliance
with the general standards, and the result of such test.
5. A statement listing the name and location of the testing
facility, its qualifications to perform such tests, a
certification that such testing facility was at the time the
test was performed, approved to conduct such tests by the
U.S. Environmental Protection Agency.
6. A statement of recommended maintenance procedures and
equipment necessary to assure that the carburetion system,
vehicle and engine in operation conform to the requirements
of this regulation, and a description of the program for
training of personnel for such maintenance.
7. An agreement that any modifications made to the system in
the field will be properly identified and reported to the
department. To meet this requirement, the model number
shall be permanently marked on the carburetor. An adhesive
label listing the information in subparagraphs 8. to 12. of
this paragraph shall be furnished for installation on the
air cleaner.
8. Manufacturer’s name and address.
9. Accepted by the Department for Natural Resources and
Environmental Protection for use on engine sizes . . . cubic
inch to . . . cubic inch.
10. Spark timing.
11. Idle speed.
12. Mixture adjustment (if used).
(c) If, after a review of the data submitted by the manufacturer, the
department determines that a carburetion system to use liquefied
petroleum gas conforms to this regulation, it will issue an approval
with respect to such system.
65.005 - 2
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Section 2. Standards for Exhaust Emissions. The applicable exhaust emission
standards for liquefied petroleum gas carburetion systems are as follows:
(1.) Light-duty vehicles.
(a) Hydrocarbons emissions shall not exceed 0.41 grams per vehicle
mile.
(b) Carbon monoxide emissions shall not exceed 3.4 grams per vehicle
mile.
(c) Oxides of nitrogen emissions shall not exceed 0.4 grams per
vehicle mile.
(2) Heavy-duty vehicles.
(a) Hydrocarbons plus oxides of nitrogen (as NO 2 ) emissions shall not
exceed sixteen (16) grams per brake horsepower hour.
(b) Carbon monoxide emissions shall not exceed forty (40) grams per
brake horsepower hour.
Section 3. Test Procedures for Vehicle and Engine Exhaust Emissions.
(1) The department will approve carburetion systems which a manufacturer has
successfully tested at a facility which is determined to be qualified
for performing such testing by the U.S. Environmental Protection
Agency. All testing procedures shall be conducted in accordance with
the procedures established by the department.
(2) At least one (1) vehicle in each engine displacement class for which the
exemption is sought must be tested for emission data. Each
manufacturer, however, must accumulate data on a minimum of two (2)
vehicles for each carburetor model to qualify for approval.
DISPLACEMENT CLASSES
Class Engine Displacement
A Under 140 Cubic Inches
B 140-200 cubic inches
C 200-250 cubic inches
D 250-300 cubic inches
E 300-375 cubic inches
F Over 375 cubic inches
(3) Carburetion systems shall be installed in accordance with manufacturer’s
specifications and instructions in order to qualify for the exemption.
Effective Date: June 6, 1979
Date Submitted Date pproved Federal
to EPA by EPA Register
Original Reg JUN 29, 1979 JAN 25, 1980 45 FR 6092
65.005 - 3
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401 ICAR 65:010. Vehicle emission control programs.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
Department for Environmental Protection
Division for Air Quality
RELATES TO: KRS 224.10-100, 224.20-100, 224.20-110, 224.20-120, 224.20-710 to
224.20-765, 40 CFR Part 51, Subpart S, Appendices A, B, C, D, 42 Usc 7401 through
7671q
STATUTORY AUTHORITY: KRS 224.10-100, 224.20-710 to 224.20-765
NECESSITY, FUNCTION AND CONFORMITY: I S 224.10-100 requires the Natural Resources
and Environmental Protection Cabinet to prescribe administrative regulations for
the prevention, abatement, and control of air pollution. This administrative
regulation provides the requirements for vehicle emission control programs in the
Commonwealth.
Section 1. Definitions. As used in this administrative regulation, terms
not defined in this section shall have the meaning given them in 401. KAR 65:001.
(1) “Antitampering program” means an emission control program that
provides for inspection of vehicles to detect removal or destruction of factory-
installed emission control equipment or devices in vehicles.
(2) “.Antitançering inspection” means an inspection conducted pursuant to
Section 6(2) of this administrative regulation to detect the presence of
tampering.
(3) “Automobile or truck” means a vehicle with at least four (4) wheels
registered in the Commonwealth having a gross vehicle weight (GVW) of 18,000
pounds or less and licensed to operate upon the public highways for the purpose
of transporting persons or property.
(4) “Certificate of registration” means the document issued by county
clerks pursuant to KRS Chapter 186 indicating that the owner or operator has
properly registered the vehicle, or a document issued for that purpose from
another state, territory, or country.
(5) “Certification period” means the period for which a compliance or
exemption certificate (other than a permanent exemption certificate issue(
pursuant to Section 4(1) of this administrative regulation) is valid.
(6) “Compliance certificate” is governed by the definition in KRS 224.20-
710(1)
(7) “Contractor” means an independent contractor as governed by the
definition in KRS 224.20-710(2).
(8) “Control system” is governed by the definition in KRS 224.20-710(3).
(9) “Dynamonleter” means a device for measuring the horsepower of a motor
vehicle engine.
(10) “Evaporative emission control system” means an unvënted fuel cap,
motor vehicle fuel tank, vapor vent hoses, and evaporative canister.
(11) “Evaporative system integrity standard” means the minimum allowable
level of pounds per square inch sustainable pressure for a given period of time,
pursuant to Section 5(1) (b) of this administrative regulation.
(12) “Exemption certificate” is governed by the definition in KRS 224.20-
710 (4)
(13) “Exhaust emission standard” or “emission standard” means the maximum
allowable levels during a test of carbon monoxide, hydrocarbons, and the sum of
carbon monoxide and carbon dioxide percentages appropriate for the age and type
of vehicle tested, pursuant to Section 5(1) (a) of this administrative regulation.
(14) “Fleet” means a group of vehicles owned, leased, or operated by a
person who has the responsibility of obtaining the certificates of registration
for the vehicles.
(15) “Fleet operator” means the person who has the responsibility of
obtairn.ng the certificates of registration for fleet vehicles.
(16) “Functional standard” means the evaporative system integrity standard
(pressure standard).
(17) “Gross vehicle weight” or “GVW” means the manufacturer’s gross weight
rating of a vehicle.
(18) “Inspection station” is governed by the definition in KRS 224.20-
710 (5)
65.010 - 1
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(19) “Measurable improvement” means any improvement toward achieving the
emission or functional standards when compared to the measured results obtained
in the initial test.
(20) “Opacity” means the degree to which a motor vehicle’s tailpipe
exhaust gas plume obstructs the transmission of visible light, as measured by a
full-flow, direct reading, continuous reading light extinction opacity meter,
pursuant to Section 6(5) of this administrative regulation.
(21) “Opacity standard” means the maximum allowable opacity during an
opacity test for the obstruction of visible light appropriate for a diesel
vehicle, pursuant to Section 5(2) of this administrative regulation.
(22) “Operator” means a person who owns, leases, or operates a vehicle.
(23) “Owner” is governed by the definition in KRS 186.010(7).
(24) “Person” is governed by the definition in KRS 224.01-010(17).
(25) “Program area” means the county or the contiguous counties which are
designated nonattainment for ozone (except marginal) or carbon monoxide pursuant
to 401 KP R 51:010, in which a vehicle inspection and maintenance program has been
established, pursuant to Section 13 of this administrative regulation.
(26) “Retest” means any test performed after repair.
(27) “Tampering” means removing, disconnecting, or rendering inoperative
or ineffective any emission control device or element of design installed on or
in a motor vehicle, and with which the vehicle was certified by the U.S. EPA.
(28) “Test equipment” means the analyzers and diagnostic equipment used
to test a vehicle’s compliance with the emission and functional standards of
Section 5 of this administrative regulation, which are approved by the U. S. EPA
pursuant to 40 CFR 51.358 and 51.359, and Appendices A and D to Subpart S of 40
CFR 51, which are incorporated by reference in Section 14 of this administrative
regulation.
(29) “Test” or “testing” means the use of test equipment and the
application of techniques and methods, approved by the cabinet pursuant to
Section 6 of this administrative regulation, to determine compliance with the
allowable exhaust emission standards, the functional standards, and the
antitampering standards, pursuant to Section 5 of this administrative regulation.
(30) “Testing period” means the period of time during which a vehicle is
scheduled to be tested to receive a compliance certificate or exemption
certificate and based on the vehicle identification number, as described in
Section 3(1) (a) of this administrative regulation. This period consists of a
three (3) month period that commences ninety (90) days prior to the expiration
date of the vehicle’s certificate of registration, this expiration date falling
during the. applicable odd or even numbered year identified in Section 3 (1) (a) of
this administrative regulation. The cabinet shall publish notices of the testing
periods pursuant to Section 3(2) of this administrative regulation.
(31) “Vehicle” is governed by the definition in KRS 224.20-710(6).
(32) “Vehicle emission control program” is governed by the definition in
KRS 224.20-710(7).
(33) “Vehicle identification number” or “VIM” means the number assigned
to the vehicle by the vehicle’s manufacturer or the assigned or replacement
vehicle identification number approved by the Department of Vehicle Regulation
pursuant to KRS 186.
(34) “Vehicle inspection and maintenance program” means an emission
control program implemented in a program area that requires vehicles subject to
this administrative regulation to receive the testing required in Section 6(1)
through (5) of this administrative regulation, as applicable, to demonstrate
compliance with the standards of Section 5(1) and (2) of this administrative
regulation.
(35) “Vehicle repair facility” means a repair facility which is open to
the general public for the repair of automobiles or other vehicles, is legally
licensed to be in business, has a published telephone number, and has a federal
employer’s identification number (FEID number) or Kentucky business tax number
if there is no FEID number.
(36) “Vehicle inspection and repair form” means the form issued to the
owner or operator of a vehicle when the vehicle is presented for inspection,
pursuant to Section 9(2) of this administrative regulation.
Section 2. Applicability. (1) The owner or operator of a 1968 or newer
model year vehicle shall not renew a certificate of registration for that vehicle
in a county located in a program area unless a current certificate of compliance,
65.010-h
-------
issued pursuant to Section 9(1) of this administrative regulation, or a current
exemption certificate issued pursuant to Section 4 of this administrative
regulation, is presented to the county clerk. This administrative regulation
shall apply to:
(a) Owners or operators, including fleet operators, of vehicles that are.
registered in a county that has been designated nonattainment for ozone (except
marginal) or carbon monoxide, pursuant to 401 KAR 51:010; and
(b) Owners or operators of vehicles owned exclusively by a county; city;
urban-county; board of education; emergency and ambulance vehicles operated by
nonprofit corporations organized by the local, state, or federal government; and
vehicles owned exclusively by a nonprofit volunteer fire department, volunteer
fire prevention unit, or volunteer fire protection unit, when the vehicles are
assigned to a person or office located in a program area.
(2) The provisions for tampering shall become applicable:
(a) On the date the vehicle emission control program commences testing
vehicles in those program areas that had an antitampering program in effect
before January 31, 1991; and
(b) Beginning two (2) years after a vehicle emission control program
commences testing vehicles in other program areas.
(3) The contractor who enters an agreement with the cabinet to operate
an emission inspection station shall be subject to the applicable requirements
of this administrative regulation.
(4) Personnel of a permitted inspection station shall be subject to the
requirements of Section 12 of this administrative regulation.
(5) Vehicles registered in a nonattainment county governed by a vehicle
inspection and maintenance program implemented by a local air pollution control
agency established pursuant to KRS Chapter 77 shall be exempt from this
administrative regulation.
Section 3. Inspection Frequency and Notification. (1) Inspection
frequency.
(a) Owners or operators of vehicles subject to this administrative
regulation shall present their vehicles biennially for testing at a permitted
inspection station located in the program area according to the following
schedule based on the vehicle identification number:
1. A vehicle with an even model year shall be tested in even-numbered
years; and
2. A vehicle with an odd model year shall be tested in odd-numbered
years.
(b) A vehicle shall not be tested to receive a compliance certificate
pursuant to Section 9(1) of this administrative regulation, or shall not receive
an exemption certificate pursuant to Section 4 of this administrative regulation,
prior to the vehicle’s testing period, except as provided in Section 4(2) and (3)
of this administrative regulation.
(c)l. If a vehicle is inspected after the vehicle’s testing period to
receive a compliance or exemption certificate, the owner or operator shall pay
the additional fee provided in Section 8(3) of this administrative regulation in
addition to any other applicable fee.
2. The owner or operator of the vehicle brought for inspection shall be
exempt from the additional fee for testing after the testing period provided in
Section 8(3) of this administrative regulation if he has acquired title to that
vehicle less than twelve (12) months prior to the date of inspection, or if he
has established residence in the program area less than twelve (12) months prior
to the date of inspection. In order to have this fee waived, the owner or
operator of the vehicle shall present appropriate documentation (such as the
title to the vehicle or the vehicle’s latest certificate of registration) to the
cabinet or contractor representative collecting the fees.
Cd) The owner or operator shall pay the applicable fees, pursuant to
Section 8 of this administrative regulation, when each vehicle is presented for
testing. A compliance certificate, exemption certificate, or vehicle inspection
and repair form shall not be issued until all applicable fees are paid, except
as provided in paragraph (f) of this subsection.
•Ce) n owner or operator of a vehicle that has been issued an exemption
certificate by the cabinet or contractor, shall be exempt from paragraph (a) of
this subsection for the period of time indicated on the exemption certificate,
pursuant to Section 4 of this administrative regulation.
65.010-3
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(f) Federal, state and local agencies and public or private corporations
with vehicles bearing official license plates, assigned to an office or
individual in the program area, shall identify a contact person and shall submit,
in writing, to the cabinet an initial listing of all assigned vehicles as of
January 1 of each year for an annual testing of vehicles.
1. The listing shall be submitted to the contractor by January 31 of
each year and shall include for each vehicle, at a minimum, the vehicle make,
model year, yIN, license plate number, and a requested testing period.
2. The contractor shall notify the contact person responsible for
approval of changes to the requested testing period by February 15 of each year.
3. The vehicles shall be subject to applicable emission and functional
standards and the antitampering standard of Section 5 of this administrative
regulation, to the applicable testing requirements of Section 6 of this
administrative regulation, and to the fees provided in Section 8 of this
administrative regulation. Fees shall be paid at the time of testing or in a
schedule acceptable to the contractor and the cabinet.
(2) Notification.
(a) The cabinet shall notify owners of the testing period assigned to
their vehicles by mailing a notice to each owner’s address as listed with the
Kentucky Transportation Cabinet and shall publish a legal notice or classified
advertisement at least one (1) day each month in the newspaper with the largest
circulation that is distributed in the program area.
(b) The mailed notice shall advise owners that, pursuant to KRS 224.20-
720(2), the county clerk shall not renew a vehicle’s certificate of registration
without a compliance certificate or an exemption certificate issued by a
permitted inspection station located in the program area, and shall notify owners
that a vehicle shall be rejected from the inspection station if tampering has
occurred.
Cc) In addition to the information required in paragraph (b) of this
subsection, the notice in the newspaper shall also advise the public of their
obligation to have each vehicle tested prior to having the vehicle’s certificate
of registration renewed and shall specify the testing period for vehicles with
certificates of registration due for renewal in the next three (3) months.
Cd) Failure of the owner or operator to receive a notice shall not excuse
the owner or operator from complying with this administrative regulation.
Section 4. Exemption Certificates. A person shall not issue or use an
exemption certificate in violation of this administrative regulation. The
following types of exemption certificates shall be issued by the contractor or
the cabinet pursuant to the procedures in this section:
(1) Permanent exemption certificate.
(a) The owners or operators of vehicles equipped to operate exclusively
on fuels other than gasoline or diesel fuel shall present the vehicle for
inspect.ion by the contractor during the initial testing period.
Cb) If the cabinet confirms that the vehicle is not equipped to operate
with gasoline or diesel fuel, a permanent exemption certificate shall be issued.
Cc) The owner or operator of a vehicle, for which a permanent exemption
certificate has been issued, shall not operate the vehicle if it is altered so
that it may operate using gasoline or diesel fuel, without presenting the vehicle
for testing at a permitted inspection station within thirty (30) days after the
vehicle has been altered.
(2) Temporary exemption certificate.
(a) A temporary exemption certificate shall be issued by the cabinet if
the owner or operator demonstrates and affirms to the cabinet, pursuant to
subsection (4) of this section, that the vehicle will not be available for
testing during the testing period. The owner or operator of a vehicle shall not
seek a temporary exemption certificate to avoid testing which would otherwise be
required.
Cb) The owner or operator shall notify the cabinet when the vehicle will
be available for testing and provide the yIN, proof of ownership, and the
driver’s license of the owner.
(c) The temporary exemption certificate shall expire thirty (30) days
after the date the owner or operator indicates that the vehicle will be available
for testing, except that the cabinet may extend the temporary exemption
certificate upon further demonstration and affirmation by the owner or operator
that the vehicle remains unavailable for testing. A temporary exemption
b J10 -‘,
-------
certificate shall not be valid beyond the last day of the certification year in
which it was issued.
Cd) Prior to the expiration of a temporary exemption certificate, the
owner or operator shall present the vehicle and the current temporary exemption
certificate to a permitted vehicle inspection station when the vehicle is
available for testing, and shall pay the test fee specified in Section 8(1) of
this administrative regulation and the additional fee specified in Section 8(3)
of this administrative regulation.
Ce) The owner or operator shall obtain a compliance certificate or a
repair cost exemption certificate, as applicable, before the temporary
certificate expires. Failure of the owner or operator to obtain a compliance
certificate or exemption certificate prior to the expiration of the temporary
exemption certificate shall result in the cabinet’s denial of another temporary
exemption certificate and shall subject the owner or operator to penalties for
failure to comply with KRS 224.20-710 to 224.20-765.
(3) Certification period exemptions.
Ca) P n exemption certificate shall be issued by the cabinet if the owner
or operator demonstrates and affirms to the satisfaction of the cabinet, pursuant
to subsection (4) of this section, that the vehicle will not be operated in the
program area for more than thirty (30) days during a certification period.
Cb) The owner or operator shall present to the cabinet the documentation
demonstrating that the vehicle will not be operated in the program area, the yIN,
proof of ownership, the driver’s license number or Social Security number of the
owner, and the location of the vehicle during the certification period. The owner
or operator shall pay the exemption certificate fee specified in Section 8(5) of
this administrative regulation.
(C) n exemption certificate shall be issued by the cabinet for a given
certification period if the owner or operator demonstrates to the satisfaction
of the cabinet that the vehicle has a valid compliance or exemption certificate
issued by an equivalent emission control program approved by the U.S. EPA as part
of a state implementation plan. The certificate shall be valid for the period
that the certificate would have been valid if it had been issued pursuant to this
administrative regulation. The owner or operator shall pay the exemption
certificate fee specified in Section 8(5) of this administrative regulation.
(4) Acceptable proof for temporary and certification period exemptions.
(a) Requests for a temporary or certification period exemption shall be
in the form of an affidavit signed by the owner or operator, stating the reason
and the length of time the vehicle will be located out of the program area, or
otherwise unavailable for testing, and shall include the address where the
vehicle will be located during the period.
(b) Military personnel who are on active duty and who will be stationed
150 miles or more from a program area during a certification period may be
granted an exemption if the cabinet receives a copy of the military orders or
letter from their commanding officer or executive officer verifying that the
assignment is 150 miles or more from the program area and that the assignment
will continue during the period for which the exemption is requested.
Cc) Owners or operators of vehicles subject to this administrative
regulation who are registered as full-time students at a college, university, or
other school, which is 150 miles or more from a program area, may be granted an
exemption if the school’s registrar verifies in writing the student’s
registration and the period of enrollment.
Cd) Owners or operators of vehicles subject to this administrative
regulation may request temporary or certification period exemption certificates
by mail provided the owner or operator and vehicle meet the applicable
requirements of this subsection. The cabinet shall grant or deny a request within
twenty (20) days of receipt of the request.
(5) Repair cost exemption certificates. A repair cost exemption
certificate, valid for the stated certification period, may be issued to the
owner or operator of a vehicle subject to this administrative regulation if the
following criteria have been met and the vehicle does not meet the applicable
standards ]fl Section 5 of this administrative regulation:
(a) The vehicle has achieved at least a measurable improvement in the
amount of emissions for each pollutant or opacity standard for which the vehicle
was failed, as measured from the first exhaust emission test.
(b) A visual inspection and, if available, an on-board diagnostics check
ldent].fies no further necessary repairs which may result in an improvement in the
65.010-5
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vehicle’s emissions. Repairs that the cabinet may require include, but are not
limited to:
1. Replace the air filter;
2. Replace the positive crankcase ventilation valve;
3. Replace the evaporative canister;
4. Replace the NO,, sensor;
5. Adjust the air-to-fuel mixture;
6. Adjust the idle speed;
7. Adjust or repair the choke;
8. Repair float, power valves, needles, seats, and jets;
9. Repair vacuum hoses;
10. Replace spark plugs;
11. Replace plug wires;
12. Replace distributor, rotor cap, or points;
13. Adjust dwell or timing;
14. Replace oxygen sensor; and
15. Repair or replace the exhaust gas recirculation valve, carburetor,
fuel injector, catalytic converter, electronic control module computer, or
secondary air system, if the repair or replacement is covered under a
manufacturer’s or dealer warranty.
(c) The owner or operator of the vehicle which failed the retest has
spent at least the following amounts for repairs on the applicable model year
vehicle in attempting to have the vehicle pass a retest in the applicable program
area:
1. For 1980 or older model years, the owner or operator has spent at
least seventy-five (75) dollars;
2. For 1981 and newer model years, the owner or operator has spent at
least $200;
3. For vehicles covered by 42 Usc 7541(b), the owner or operator has
spent at least $200.
4. For a diesel vehicle, the owner or operator has spent at least
seventy-five (75) dollars.
(d) The costs applied toward a cost exemption certificate shall be only
for repairs based on appropriate diagnostics to correct problems related to an
emission test failure, and shall not include costs to replace or repair
components as a result of tampering. The cost of repairs to correct leaking,
defective, or detached exhaust systems shall not be included in receiving a
repair cost exemption certificate.
(e) Available warranty coverage shall be used to obtain needed repairs
before expenditures can be counted towards the costs limits required by a cost
exemption certificate. The owner or operator of a vehicle within the statutory
age and mileage coverage under 42 USC 7541(b) shall present a written denial of
warranl:y coverage from the manufacturer or authorized dealer for the repair costs
to be included in the cost limits counted toward the cost exemption certificate.
(f) Labor costs shall not be applied toward a cost exemption certificate
for repairs performed on a vehicle by the owner or operator of that vehicle
except as provided in Section 7(2) (f) of this administrative regulation.
(g) An owner or operator may appeal the denial of a repair cost exemption
certificate pursuant to the provisions of Section 11 of this administrative
regulation.
Section 5. Standards of Performance for Vehicles. (1) The owner or
operator of a vehicle subject to this administrative regulation shall be issued
a compliance certificate, pursuant to Section 9(1) of this administrative
regulation, if the vehicle meets the applicable emission, functional, and
antitainpering standards of this subsection and the applicable testing
requirements of Section 6 of this administrative regulation.
(a) Exhaust emissions standard. The maximum allowable levels of carbon
monoxide (CO) and hydrocarbons (HC), as measured by the idle exhaust emissions
test, pursuant to Section 6(3) of this administrative regulation, for the
applicable vehicle type, model year, pollutant, and gross vehicle weight (GVW)
shall be as listed in the following table:
óS.OiO-6
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Vehicle
Model Year
Vehicles
Registered
as
Automobiles
* Vehicles
having GVW of
6,000 lbs
or less
Vehicles with GVW
greater than
6,000 lbs but
equal
to 10,000 lbs or
less
Vehicles
with GVW
greater than
10,000 lbs
but equal to
18,000 lbs
or less
HC Co
(ppm) (%)
HC CO
(ppm) (%)
HC CO
(ppm) 1%)
—
HC CO
(ppm)
(%)
1968
1969
1970
1971
1972
1973
1974
1975
1976
1977
1978
1979
1980
1981
1982
1983
1984
1985 &
newer
950 8.5
900 8.5
850 8.4
850 8.].
800 8.0
800 7.8
800 7.6
700 7.5
700 6.5
650 6.3
600 5.5
600 4.5
250 2.5
220 1.2
220 1.2
220 1.2
220 1.2
220 1.2
1300 8.0
1200 8.0
1100 8.0
1000 8.0
1000 7.8
1000 7.8
950 7.8
900 7.0
700 7.0
700 7.0
700 6.3
450 5.5
450 4.0
350 1.7
220 1.2
220 1.2
220 1.2
220 1.2
1500 9.0
1100 8.0
1100 8.0
1000 8.0
950 7.5
950 7.5
950 7.5
950 7.5
900 7.5
850 7.5
700 6.0
650 5.5
550 5.0
450 4.0
400 2.5
350 2.0
220 1.5
220 1.2
1500 9.0
1300 8.5
1300 8.5
1200 8.5
1000 7.0
1000 7.0
1000 7.0
1000 7.0
1000 7.0
900 6.5
900 6.5
900 6.5
900 6.5
500 3.5
400 3.0
400 3.0
250 1.5
250 1.5
*
Other than vehicles registered as automobiles.
65.010-7
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(b) Evaporative system integrity standard (pressure standard). For 1981
and newer model gasoline vehicles, the pressure standard for the evaporative
emission control system shall be a minimum sustainable pressure of eight (8)
inches of water for a maximum period of two (2) minutes, as measured by the
evaporative system integrity test, pursuant to Section 6(4) of this
administrative regulation.
(c) Antitampering standard. Vehicles shall be inspected by inspection
station or cabinet personnel for tampering, pursuant to Section 6(2) of this
administrative regulation. A vehicle which shows evidence of tampering shall be
determined as not achieving this standard.
(2) Emission standard for diesel vehicles. A diesel vehicle shall not
emit visible emissions in excess of ten (10) percent opacity for ten (10) or more
consecutive seconds, as measured by the test equipment pursuant to Section 6(5)
of this administrative regulation, when tested at idle engine speed.
(3) Rejection of vehicles. A vehicle shall be rejected from the
inspection station if:
(a) The inspection station or cabinet personnel are unable to determine
readily that the vehicle presented at the inspection station is the vehicle
identified in the yIN, certificate of registration, or license tag; or
(b) The vehicle, its contents, load, passengers, or operator causes, or
has the appearance of causing, an unsafe condition at the inspection station. The
test shall not be performed until the condition is corrected. The conditions for
rejection shall include, but shall not be limited to, the following:
1. Leaking fuel;
2. The leaking of potentially toxic or hazardous materials, other than
normal drive-train fluid;
3. Operator incapacity;
4. Operator or passenger misconduct;
5. For vehicles that are preconditioned on a dynamotneter, the vehicle
tire cords are visible;
6. The vehicle has a space-saver spare tire mounted on the drive axle;
7. The vehicle is pulling a detachable trailer or load;
8. The vehicle stalls repeatedly;
9. The vehicle has leaking, defective, or detached exhaust systems;
10. The vehicle has exhaust tailpipes altered from those of the original
manufacturer of the vehicle so that proper access by the test equipment required
in Section 6 of this administrative regulation is not possible; or
11. The inspection would cause inspection station personnel to be in an
unsafe position, as determined by the contractor. Inspection station personnel
shall document all rejections and the reasons for the rejection.
Section 6. Test Procedures for Vehicles. (1) Operator procedures for
gasoline vehicles. The operator shall operate the vehicle for testing pursuant
to the conditions specified in this section and at the direction of inspection
station personnel as follows:
(a) Unless otherwise directed, the operator shall remain in the vehicle
while the vehicle is in the test lane.
(b) During testing, the engine shall be at normal operating temperatures
arid shall not be overheating (as indicated by a gauge or warning light or boiling
radiator), with all accessories turned of f.
Cc) Vehicles shall be approximately level during testing.
Cd) If the engine stalls during testing, the test shall be restarted.
(2) Azititampering inspection.
(a) The inspection station personnel shall perform an antitampering
inspection on all 1975 and newer model year vehicles presented to the inspection
st:ation for compliance with KRS 224.20-710 to 224.20-765. The procedure shall
consist of a visual inspection for the presence of tampering.
(b) If tampering is found, the owner or operator shall be so informed and
shall be issued a vehicle emission repair form. Tampered vehicles shall not
complete the applicable exhaust emission and function test procedures until the
vehicle has been repaired.
1. Missing or damaged components shall be repaired, regardless of
expense. The cost of repair or replacement of these components is not subject to
a repair cost exemption certificate provided in Section 4(5) of this
administrative regulation.
65.010 - 8
-------
2. Upon repair or replacement of tampered, inoperable, missing or
malfunctioning components (except for an unvented fuel cap), the owner or
operator shall present the vehicle for inspection and the completed vehicle
inspection and repair form, signed by a mechanic of a vehicle repair facility
demonstrating that the components have been repaired or replaced and are ii.
proper operating condition.
(3) Idle exhaust emission test procedure for gasoline vehicles. The idle
exhaust emissions test shall measure vehicle exhaust gas emissions for carbon
monoxide (CO) , carbon dioxide (Ca 2 ), and hydrocarbons (HC) and shall be performed
pursuant to 40 CFR 51, Subpart S and . ppendices B and C to Subpart S, as
published in the July 1, 1996, edition of the Code of Federal Regulations, which
is incorporated by reference in Section 14 of this administrative regulation, and
the following:
(a) Analyzers shall be warmed up, in stabilized operating condition, and
adjusted according to manufacturer’s specifications.
(b) If the vehicle is capable of being operated with gasoline or other
fuels, the test shall be conducted using gasoline.
(C) Multiple exhaust vehicles shall be tested by sampling all exhaust
points simultaneously or by other methods approved by the cabinet.
(d) Inspection station personnel shall attach the tachometer. With the
engine operating at idle speed, the emergency brake on, and the transmission in
“neutral” for vehicles with manual transmissions or “park” for vehicles with
automatic transmissions, the sampling probe of the gas analytical system shall
be inserted at least ten (10) inches into the tail pipe. If the probe cannot be
inserted at least ten (10) inches, exhaust pipe extension boots shall be used.
(e) First chance to pass. The initial idle mode shall have a maximum
duration of ninety (90) seconds and a minimum duration of thirty (30) seconds.
1. The analysis shall begin after an initial time delay of ten (10)
seconds. If, within thirty (30) seconds the hydrocarbon reading is equal to or
less than 100 parts per million and the carbon monoxide reading is five-tenths
(0.5) percent or less, the vehicle shall pass the test. If these readings are not
obtained within the first thirty (30) seconds, the test shall be continued for
up to an additional sixty (60) seconds. If at any time during the sixty (60)
second period, the readings for both hydrocarbons and carbon monoxide meet the
emission standards for the applicable vehicle model year and GVW, the vehicle
shall pass the test.
2. If at any time during the test the carbon monoxide (CO) plus carbon
dioxide (CC 2 ) concentration falls below six (6) percent, the test shall be
voided. If the low concentration is due to the engine size or operating
temperature, the lane operator may over ride the CO plus CO 2 concentration and
continue the test.
(f) Second chance to pass. If the vehicle does not pass the procedure in
paragraph (e) of this subsection, the test probe shall be removed, and the owner
or operator shall be given the option of accepting that the vehicle has failed
the test and requires repairs, or accepting the offer of a second chance to pass
a test, after being preconditioned on a dynamometer. If the owner or operator
chooses to have the vehicle tested a second time, the test timer shall be reset
to zero, and a second chance test shall be performed after using one (1) of the
following preconditioning procedures:
1. The power axle of the vehicle shall be mounted on a dynamometer. For
dynamometer preconditioning, vehicles with front wheel drive shall be driven by
the lane operator or other contractor designee. The mode timer shall initiate
when the dynamometer speed is within the limits specified for the vehicle engine
size. The mode shall continue for a minimum of thirty (30) seconds. The
dynamometer test schedule for engine preconditioning prior to a second-chance
idle test shall be within the following limits:
Enciine Size Roll Sneed Normal Loading
4 or fewer cylinders 22 - 25 mph 2.8 - 4.1 brake
horsepower
5 - 6 cylinders 29 - 32 mph 6.8 - 8.4 brake
horsepower
7 or more cylinders 32 - 35 mph 8.4 - 10.8 brake
horsepower
65.010-9
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2. Full-time four (4) wheel drive vehicles shall be preconditioned with
the engine speed at 2500 revolutions per minute (2500 rpm) plus or minus 300
revolutions per minute (±300 rpm) for thirty (30) seconds with the transmission
in either “park” or “neutral.”
3. Immediately following the preconditioning mode and when the vehicle’s
wheels are no longer moving, the mode timer shall be started and run for a period
not to exceed ninety (90) seconds. The test probe shall be reinserted and the
procedures described in paragraph (f) of this subsection shall be repeated.
4. If any pair of readings, shows passing scores for both hydrocarbons
and carbon monoxide, the vehicle shall pass the test. If all readings exceed the
hydrocarbon limit or the carbon monoxide limit, or both, the vehicle shall fail
the test. The operator shall be informed of the results, and the lane operator
shall suggest that the owner or operator of the vehicle take a pamphlet that
suggests various types of repairs for vehicles that fail the test.
(4) Evaporative system integrity test (pressure test).
(a) An evaporative system integrity test shall be performed on all 1981
and newer model gasoline powered vehicles presented for the purpose of compliance
with t:his administrative regulation as follows:
(b) Inspection station personnel shall direct the operator of the motor
vehicle to shut of f the vehicle’s engine. The operator shall allow inspection
station personnel access to the motor vehicle engine compartment by releasing the
hood latch or other method.
(c) Inspection station personnel shall disconnect all components and
lines leading from the fuel tank at the junction of the evaporative canister. All
lines and components, other than the main vent line, shall be sealed and made air
tight. Vehicles with evaporative canisters that are inaccessible to inspection
station or cabinet personnel, due to factory design of the vehicle, shall have
the pressure test portion of this administrative regulation waived by the
cabinet. A missing or damaged evaporative canister shall result in failure of the
pressure test.
(d) The main vent line shall be pressurized to fourteen (14) inches of
water, not to exceed twenty-six (26) inches of water system pressure, with
commercial grade nitrogen. After the pressure is stabilized, the main vent line
shall be sealed and the system pressure monitored for a maximum of two (2)
minutes. An evaporative system that maintains a constant internal pressure equal
to or greater than eight (8) inches of water for a duration of two (2) minutes
shall be deemed acceptable.
Ce) At the end of the two (2) minute monitoring period the unvented fuel
cap s iall be removed and the monitoring equipment shall be observed for a
decrease of internal pressure.
(f) Inspection station personnel shall:
1. Remove all monitoring equipment from the main vent line;
2. Remove all seals from all other components and lines disconnected
from the evaporative canister; and
3. Reconnect the system in the configuration in which the vehicle was
presented for inspection.
(g) Upon successful completion of paragraphs Cd) and (e) of this
subsection, the vehicle shall pass the test.
(h) If any of the following occurs, the vehicle shall fail the test. The
operator shall be informed of the results, and the repairs recommended to correct
the system deficiencies shall be included on the vehicle emission repair form.
1. An internal system pressure of fourteen (14) inches of water is not
obtained;
2. The internal system pressure drops below eight (8) inches of water
at any time during the two (2) minute monitoring period; or
3. Upon removal of the unvented fuel cap, a decrease in internal
pressure is not observed.
.(i) The cost of repairs performed on the evaporative emission control
system, that are not a result of tampering, may be applied to a repair cost
exemption certificate, pursuant to Section 4(5) of this administrative
regulation.
(5) Test procedures for diesel vehicles. The operator of a diesel vehicle
shall allow the vehicle to be operated for testing pursuant to the conditions
specified Section 6(1) of this administrative regulation and the following:
(a) Diesel-powered vehicles shall be inspected with an opacity meter that
is a full-flow, direct reading, continuous reading light extinction type using
65.Gi .
-------
a collimated light source and photo-electric cell, accurate to within plus or
minus five (5) percent.
(b) Separate measurements shall be made on each exhaust outlet on diesel
vehicles equipped with multiple exhaust outlets. The reading taken from the
outlet giving the highest reading shall be used for comparison with the standard
for the vehicle being tested.
(C) A diesel vehicle shall meet the opacity standard specified in Section
5(2) of this administrative regulation to pass the test. If the vehicle fails the
test, the operator shall be so informed and the repairs required to correct the
deficiency shall be included on the vehicle inspection and repair form.
(6) If trouble codes are identified by the on-board diagnostic (OBD)
system, the owner or operator shall be so informed and the lane operator shall
suggest that the owner or operator of the vehicle take a pamphlet that suggests
various types of repairs for vehicles that fail the test.
Section 7. Testing of Fleet Vehicles. (1) The owner or operator of a
fleet may apply for a permit to operate a fleet inspection station to test the
vehicles that are in that fleet. A fleet inspection station shall not be
operated without a fleet inspection permit issued by the cabinet. The owner or
operator of a fleet inspection station shall comply with this section.
(a) The fleet owner or operator shall submit a complete application for
a permit to the cabinet, using Form DEP-VOOl, Permit . pplication to Operate a
Fleet Vehicle Inspection Station, which has been incorporated by reference in
Section 14 of this administrative regulation.
(b) The permit shall be valid for one (1) year and may be renewed by the
cabinet. For renewal of the permit, the fleet operator shall submit to the
cabinet an updated fleet inspection station application form at least forty-five
(45), but no more than sixty (60) days, prior to the permit’s expiration.
(c) The fee for a fleet inspection station permit or permit renewal shall
be $200, pursuant to Section 8(7) (d) of this administrative regulation.
(2) The fleet operator shall:
(a) Submit to the cabinet a schedule for the testing of the fleet
vehicles and payment of the inspection fees, pursuant to Section 8(7) (a) through
(c) of this administrative regulation;
(b) Test the vehicles in the fleet according to the schedule in the fleet
inspection permit. The schedule shall contain the following information:
1. The number of vehicles to be tested;
2. The VINe of the vehicles to be tested;
3. The months the vehicles will be tested; and
4. The operating hours and location of the fleet inspection station;
(c) Use the forms and compliance certificates issued by the cabinet;
Cd) Issue exemption certificates pursuant to Section 4 of this
administrative regulation;
(e) Use test equipment and procedures approved by the cabinet pursuant
to Sections 5 and 6 of this administrative regulation and assure that the test
equipment provides a recordkeeping mechanism to record the results of a].]. tests;
(f) Maintain records of all operations associated with the testing of the
fleet vehicles, including but not limited to the repairs to fleet vehicles that
failed the test;
(g) Make available to the cabinet and the contractor the results of the
tests performed by the fleet inspection station;
(h) Provide a procedure for integrating the results of the tests
performed by the fleet operator into the recordkeeping system of the contractor
who operates the vehicle emission control program in the program area where the
fleet is located;
Ci) Perform the daily and hourly quality assurance procedures that are
prescribed in the contract between the cabinet and the contractor, each day the
analyzers are in operation, and allow the cabinet or the.contractor to perform
the other quality assurance activities as prescribed in the contract; and
(j) Maintain an in-house program for the maintenance of vehicles.
(3) A fleet operator may enter into an agreement with the contractor who
holds the contract for testing vehicles within the program area where the fleet
is located, for testing the fleet vehicles by the contractor outside public
testing hours or at mobile inspection stations. The agreement shall not be
implemented unless it has been approved by the cabinet.
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Section 8. Fees. (1) The fee for testing a vehicle shall be based upon
the coatract that is awarded and the cabinet’s costs of implementing the vehicle
emission control program in the program area, unless other fees are also
applicable. The fee shall be paid each year that an owner or operator is required
to obtain a compliance or exemption certificate.
(2) Unless the vehicle is tested at a fleet inspection station or
pursuant to an agreement with the contractor, the fee shall be collected before
the testing commences or before an exemption certificate is issued. If the
vehicle fails the first test, the first retest shall be providedat no cost if
the appropriate vehicle inspection and repair form is satisfactorily completed
and returned. Each test performed in addition to the first test and first retest
shall be subject to the additional fee specified in subsection (5) of this
section. The owner or operator shall submit the properly completed vehicle
inspection and repair form for the last failed test at the time of the new test.
(3) The fee for having a vehicle tested before or after its testing
period shall be five (5) dollars.
(4) The fee for the issuance of a duplicate compliance certificate or
exemption certificate, pursuant to Section 10 of this administrative regulation,
shall be five (5) dollars.
(5) The fee for issuing an exemption certificate shall be equal to the
cost of the test. A fee shall not be charged for the issuance of a permanent
exemption certificate.
(6) The additional fee for the issuance of a compliance certificate or
exemption certificate, the year after a temporary exemption certificate was
issued to an owner or operator, who did not present the vehicle for testing prior
to the expiration of the temporary exemption certificate, shall be twenty-five
(25) dollars.
(7) Fees for testing fleet vehicles.
(a) The fee for a compliance or exemption certificate for a fleet vehicle
which is tested at a fleet inspection station shall be no less than the fee
establ.ished by the contract between the cabinet and the contractor.
(b) The fee for a compliance or exemption certificate for a fleet vehicle
which is tested by the contractor under an agreement implemented pursuant to
subsection (3) of this section, shall be no less than the fee established by the
contract between the cabinet and the contractor. The contractor may charge an
addit.ional fee which shall not exceed the contractor’s additional cost of testing
the fleet.
(c) The fees for compliance or exemption certificates issued to fleet
vehicles may be paid on a weekly or monthly basis, or as otherwise approved by
the cabinet or agreed to by the contractor and the fleet operator, as applicable.
(d) The fee for renewal of a fleet inspection station shall be $200.
Section 9. Forms and Certificates. The contractor shall use only forms,
compliance certificates, and other materials that are approved by the cabinet.
The following documents may be issued to the owner or operator according to this
administrative regulation.
(1) Compliance certificate. The operator of each vehicle which meets the
applicable emission, functional, and antitampering standards specified in Section
5 of this administrative regulation, complies with the testing requirements of
Section 6 of this administrative regulation, and has paid the applicable fee
specified in Section 8 of this administrative regulation shall be issued a
comp]iance certificate. The compliance certificate shall contain at least the
following information:
(a) Inspection station identification;
(b) Date and time of test;
(c) Identification number of the inspector;
(d) Vehicle license number;
(e) yIN, vehicle model year, and vehicle make;
(f) Applicable emission standards;
(g) Emission test results (hydrocarbon, carbon monoxide, sum of carbon
monoxide and carbon dioxide percentage, and if applicable, oxides of nitrogen);
(h) Applicable pressure standards;
(ii Evaporative integrity test results (minimum sustained pressure);
(j) Whether the test results are from the first test, first retest, or
subsequent retest; and
(k) A unique, encoded test identification number.
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(2) Vehicle inspection and repair forms.
(a) A vehicle inspection and repair form shall be issued to the operator
of each vehicle which fails a test. The contractor shall indicate the reconm ended
repairs to be performed. The vehicle inspection and repair form is incorporated
by reference in Section 14 of this administrative regulation. The form shall be
completed and returned to the inspection station personnel at the time of the
retest. The owner shall indicate the following items on the vehicle inspection
and repair form with supporting documentation:
1. Proof that repairs were performed and repair costs were incurred
which were reasonable. Repairs made earlier than thirty (30) days prior to the
first test failure for the current testing period shall not be included; and
2. A list of the repairs in sufficient detail for the contractor to
determine that the repairs are related to the type of failure shown on the
vehicle inspection and repair form.
(b) The person performing repairs on a vehicle shall indicate on the
repair form the repairs performed and the itemized costs. The person shall
affirm that all the repairs, checks, and adjustments were properly performed in
accordance with requirements on the form by signing and printing his name and the
date of repairs on the vehicle inspection and repair form. If the repairs were
performed by a mechanic at a vehicle repair facility, the repair facility’s name,
federal employer’s identification number (FEID number), or Kentucky business tax
number if there is no FEID number, repair date, and business telephone number
shall be included on the vehicle inspection and repair form. In the appeals
process, if the cabinet determines that the work claimed to have been completed
was not done or was not in accordance with stipulations on the vehicle inspection
and repair form, the cabinet may withhold issuance of a repair cost exemption
certificate, and the owner or operator may be subject to penalties under KRS
224.20-765.
Section 10. Duplicate Certificates. The cabinet may issue a duplicate
compliance, exemption, temporary exemption, or repair cost exemption certificate
if the original certificate is lost. The owner shall notify the cabinet as soon
as possible after the loss is noticed. The fee for a duplicate certificate shall
be as prescribed in Section 8(4) of this administrative regulation.
Section 11. Request for reconsideration. (1) n owner or operator may
request a reconsideration of the denial of a repair cost exemption certificate
if the following conditions have been met:
(a) The owner or operator has spent at least the amount specified in
Section 4(5) (c) of this administrative regulation and no measurable improvement
in emissions was achieved; or
(b) The owner or operator has spent less than the amount specified in
Section 4 (5) (c) of this administrative regulation and a mechani c employed at a
repair facility affirms that no additional repairs can be performed that would
improve the vehicle’s emissions or that additional repairs would result in a
total repair cost greater than the amount specified in Section 4(5) (c) of this
administrative regulation for the vehicle age.
(2) Requests for reconsideration of a denial of a cost repair waiver
shall be made in writing and delivered to the contractor’s inspection station
manager or other contractor designee who shall promptly forward the request to
the cabinet and a cabinet retest date shall be scheduled and performed. The
results of the retest shall be a final determination of the cabinet.
Section 12. Inspection Station Personnel Requirements. (1) All
inspection station personnel shall successfully complete a training course
approved by the cabinet. The training course shall include at least the following
components;
(a) Causes and affects of air pollution;
(b) The purposes, functions, and goals of the vehicle emission inspection
program;
Cc) KRS 224.20-710 to 224.20-765 and this administrative regulation;
(d) Technical details of the test procedures and the rationale for their
design;
(e) Emission control device function, configuration, and inspection;
(f) Test equipment operation, calibration, and maintenance;
(g) Quality control procedures and their purpose;
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(h) Methods of providing courteous, fair, and efficient service to the
public; and
(i) Safety and health issues related to the inspection process.
(2) Successful completion of the training course shall be determined by
a written examination with a score of eighty (80) percent or more and successful
performance of a complete unassisted vehicle inspection demonstrating proper
procedures. The written examination may be administered and the demonstration
observed by the training course provider.
(3) The cabinet shall certify all contractor personnel that successfully
complete the requirements of subsection (2) of this section. The certification
shall expire two (2) years from the date of issuance. Contractor personnel whose
certifications have expired are prohibited from inspecting vehicles until they
complete the training requirements in this section and are recertified.
(4) Inspection station personnel shall wear identification tags visible
to the public.
(5) Neither the contractor nor any employee of the contractor shall
engage in the business of manufacturing, selling, maintaining, or repairing
vehicles. The contractor may maintain or repair his own vehicles.
Section 13. Vehicle Emission Control Program Areas, Established. (1) The
cabinet shall establish a vehicle emission control program in counties in which
the entire county has been designated moderate ozone nonattainment in 401 KAR
51:010.
(2) The vehicle emission control programs established pursuant to this
administrative regulation shall continue upon redesignation of the program areas
to attainment for ozone in 401 KAR 51:010.
Section 14. Incorporation by Reference. (1) The following forms required
for vehicle emission control programs are hereby incorporated by reference:
(a) “Form DEP-VOOl, Permit Application to Operate a Fleet Vehicle
Inspection Station, July 15, 1993;” and
(b) “Form DEP-V002, Vehicle Inspection and Repair Form.”
(2) The following guidance documents which contain test methods and
equipment specifications to be used by the contractor are hereby incorporated by
reference:
40 CFR 51.350 to 51.373, and Appendices A, B, C, and D to Subpart S, as
published in the Code of Federal Regulations, July 1, 1996.
(3) The material incorporated by reference may be obtained, inspected,
or copied at the following offices of the Division for Air Quality, Monday
through Friday, 8:00 a.m. to 4:30 p.m.:
(a) Division for Air Quality, 803 Schenkel Lane, Frankfort, Kentucky
40601-1403, (502) 573-3382;
(b) Ashland Regional Office, 3700 Thirteenth Street, Ashland, Kentucky,
41105-1507, (606) 920-2067;
(c) Bowling Green Regional Office, 1508 Westen Avenue, Bowling Green,
Kentucky, 42104, (502) 746-7475;
(d) Florence Regional Office, 7964 Kentucky Drive, Suite 8, Florence,
Kentucky, 41042, (606) 292-6411;
Ce) Hazard Regional Office, 233 Birch Street, Suite 2, Hazard, Kentucky,
41701, (606) 435-6022;
(f) London Regional Office, 85 State Police Road, London, Kentucky,
40741-9011, (606) 878-0157;
(g) Owensboro Regional Office, 3032 Alvey Park Drive W., Suite 700,
Owensboro, Kentucky 42303, (502) 687-7304; and
(h) Paducah Regional Office, 4500 Clarks River Road, Paducah, Kentucky,
42003, (502) 898-8468.
Effective date: January 12, 1998
Date Submitted Date Approved Federal
to EPA by EPA Register
Original Reg OCT 11, 1998 DEC 8, 1998 63 FR 67586
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