Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS 224.10-100(5),
(22), (23), (30),
224.20-110(1)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
224.10-100(5) requires the
Environmental and Public Protection Cabinet to provide for the prevention,
abatement, and control of air pollution, and
KRS
224.10-100(3) authorizes the
cabinet to promulgate administrative regulations not inconsistent with the
provisions of law administered by the cabinet. This administrative regulation
establishes requirements for performance tests.
Section 1. The cabinet may require the owner
or operator of an affected facility to sample emissions in accordance with
methods approved by the cabinet or the U.S. EPA. All tests shall be made under
the direction of persons qualified by training or experience in the field of
air pollution control.
Section 2.
Pretest Requirements.
(1) A source required to
conduct a performance test shall submit a completed Compliance Test Protocol
form, DEP form 6028, or a test protocol a source has developed for submission
to other regulatory agencies, in a format approved by the cabinet, to the
cabinet's Division for Air Quality a minimum of sixty (60) days prior to the
scheduled test date.
(2) The
cabinet shall review the Compliance Test Protocol submittal for approvability
and determine the need for a pretest meeting with the source.
(3) If a pretest meeting is held:
(a) The source shall resolve with the
division all testing and process issues; and
(b) The division's approval shall be in
writing and sent to the source.
(4) The source shall not deviate from the
approved pretest protocol without the division's prior approval.
Section 3. The cabinet may conduct
tests of emissions of air contaminants from any source.
Section 4. Test Methods and Exceptions.
(1) Performance tests required by this or any
other administrative regulation in 401 KAR Chapters 50-68 for affected
facilities that are subject to a standard of performance promulgated under 40
C.F.R. 60 or 40 C.F.R. 61, incorporated by reference in
401
KAR 57:002 and
401
KAR 60:005, shall be conducted, and data shall be
reduced, in accordance with the reference methods and procedures contained in
each applicable administrative 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. EPA approve the
use of an equivalent method;
(c)
The cabinet and the U.S. EPA approve the use of an alternative method, the
results of which they have determined to be adequate for indicating whether a
specific source is in compliance; or
(d) The cabinet and the U.S. EPA waive the
requirement for performance tests for affected facilities for which a standard
of performance has been promulgated under 40 C.F.R. 60 or 40 C.F.R. 61 because
the owner or operator of an affected facility has demonstrated to the cabinet's
and the U.S. EPA's satisfaction that the affected facility is in compliance
with the applicable standard.
(2) Performance tests required by this or any
other administrative regulation in 401 KAR Chapters 50-68 for affected
facilities that are subject to a standard promulgated under 40 C.F.R. 63,
incorporated by reference in
401
KAR 63:002, shall be conducted, and data shall be
reduced, in accordance with the reference methods and procedures contained in
40 C.F.R.
63.7 unless:
(a) The cabinet specifies or approves the use
of a reference method with minor changes in methodology pursuant to
40 C.F.R.
63.90(a);
(b) The cabinet and the U.S. EPA approve the
use of an equivalent method;
(c)
The cabinet and the U.S. EPA approve the use of an alternative method that
provides results adequate for indicating whether a specific source is in
compliance; or
(d) The cabinet and
the U.S. EPA waive the requirement for performance test for affected facilities
for which a standard has been promulgated under 40 C.F.R. 63 because the owner
or operator of an affected facility has demonstrated to the cabinet's and the
U.S. EPA's satisfaction that the affected facility is in compliance with the
applicable standard.
(3)
Performance tests required by this or any other administrative regulation in
401 KAR Chapters 50-68 for affected facilities that are not subject to a
standard promulgated under 40 C.F.R. 60, 40 C.F.R. 61, or 40 C.F.R. 63 shall be
conducted, and data shall be reduced, in accordance with the methods and
procedures contained in each applicable administrative regulation unless:
(a) The cabinet specifies or approves minor
changes in methodology;
(b) The
cabinet specifies or approves the use of an alternative method that provides
results 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 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;
a. The cabinet shall determine the validity
of an economic burden waiver request based on proof presented by the affected
facility; and
b. The determination
of an extreme economic burden shall be made on the basis of whether meeting the
compliance standards would produce serious hardship without equal or greater
benefit to the public and environment.
Section 5. Test
Conditions.
(1) In order to demonstrate that a
source is capable of complying with a standard at all times, a performance test
shall be conducted under normal conditions that are representative of the
source's operations and create the highest rate of emissions. The Division for
Air Quality may waive this requirement on a case-by-case basis if the source
demonstrates to the cabinet's satisfaction that the source is in compliance
with all applicable requirements.
(2) If the maximum production rate represents
a source's highest emissions rate and a performance test is conducted at less
than the maximum production rate, a source shall be limited to a production
rate of no greater than 110 percent of the average production rate during the
performance tests.
(3) A source
that becomes capable of operating at a higher production rate than the
production rate demonstrated during a prior performance test shall conduct
another performance test at the higher rate to demonstrate the source's ability
to comply with emissions limitations.
Section 6. The owner or operator shall:
(1) Permit the cabinet to conduct performance
tests at a reasonable time;
(2)
Operate the facility, for the purpose of the performance tests, under
conditions specified by the cabinet based on representative performance for the
affected facility; and
(3) Provide
the cabinet with records necessary to determine representative performance.
Section 7.
(1) The owner or operator of an affected
facility subject to 40 C.F.R. Part 60 or 40 C.F.R. Part 61 testing requirements
shall provide the cabinet thirty (30) calendar days prior notice of the
performance test to afford the cabinet the opportunity to have an observer
present.
(2) The owner or operator
of an affected facility subject to 40 C.F.R. Part 63 testing requirements shall
provide the cabinet sixty (60) calendar days prior notice of the performance
test.
(3) If a facility is unable to
conduct a performance test as scheduled, the owner or operator shall notify the
cabinet as soon as practicable to reschedule the test. A delay in conducting a
performance test shall not relieve an owner or operator of a facility from any
legal responsibility for demonstrating compliance.
Section 8. 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 platforms.
(3) Safe access to sampling platforms;
and.
(4) Utilities for sampling and
testing equipment.
Section
9. Sampling Runs.
(1) 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 administrative regulation. For the
purpose of determining compliance with an applicable standard, the arithmetic
mean of the results of the three (3) runs shall apply.
(2)
(a) Once
performance testing has begun, a person conducting the testing shall not halt a
sampling run except due to:
1. Forced
shutdown;
2. Failure of an
irreplaceable portion of the sample train;
3. Extreme meteorological conditions;
or
4. Unforeseen circumstances
beyond the owner's or operator's control.
(b) The person conducting the testing shall
not halt a sampling run for the purpose of making adjustments to the parameters
of the performance test.
(3) If a sample is accidentally lost or one
(1) of the three (3) runs must be discontinued for a purpose in accordance with
subsection (2)(a) of this section, compliance may, upon the cabinet's approval,
be determined using the arithmetic mean of the results of the two (2) other
runs.
Section 10.
Incorporation by Reference.
(1) "Compliance
Test Protocol," DEP form 6028, January 15, 2005, is incorporated by
reference.
(2) This material may be
inspected, copied, or obtained, subject to applicable copyright law, at the
Division for Air Quality, 300 Sower Boulevard, Frankfort Kentucky 40601, Monday
through Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS 224.10-100(5),
(22), (23),
(30)