Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
224.10-100,
224.20-120,
40
C.F.R. 60.14,
42 U.S.C.
7401 et seq., 7408, 7410
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
224.10-100 requires the Environmental and
Public Protection Cabinet to prescribe administrative regulations for the
prevention, abatement, and control of air pollution.
42
USC 7410 likewise requires the state to
implement standards for national primary and secondary ambient air quality.
This administrative regulation provides guidelines by which all administrative
regulations of 401 KAR Chapters 50 to 65, are to be understood.
Section 1. General Application of
Administrative Regulations and Standards. Administrative 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 available 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 and promulgated
in regulatory form by the cabinet; or
2. If no Control Techniques Guidelines
Document is appropriate, 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 guidelines
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 administrative regulations, all major
air contaminant sources shall as a minimum apply control procedures that are
reasonable, available, and practical.
(3) Nothing in these administrative
regulations is intended to permit a practice which is in violation of a
statute, ordinance, or administrative regulation.
(4) These administrative regulations shall be
complementary to each other, and to other administrative regulations adopted by
the cabinet. If a provision of these administrative 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 administrative regulations and to this end each provision of these
administrative regulations and the various applications thereof are declared to
be severable.
(5) Except as
provided by
401 KAR
50:055, nothing in these administrative regulations
shall allow a source to remove control equipment or discontinue procedures
previously required in a nonattain-ment 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.
STATUTORY AUTHORITY:
KRS
224.10-100