Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS Chapter 224
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. This administrative
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 start-up 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 reasonably have foreseen three (3)
days before the shutdown, then such notification shall be given immediately
following the decision to shut down. 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 for 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 start-up, 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
start-up.
(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 start-up 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;
(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, operation, or maintenance;
and
(e) The malfunction or shutdown
and ensuing start-up 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
administrative regulations of the Division for Air Quality 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 start-up 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 administrative 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 in the
administrative regulations of the Division for Air Quality shall be
demonstrated as follows:
(a) By performance
tests as specified in the applicable administrative 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 administrative regulation.
(c) By methods acceptable to the cabinet if
the applicable administrative regulation does not specify a performance test or
other method of determining compliance.
(3) Compliance with opacity standards in the
administrative regulations of the Division for Air Quality 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
administrative 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 transmissometer 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.
(4) The opacity standards set forth in this
administrative regulation shall apply at all times except during periods of
start-up, shutdown, and as otherwise provided in the applicable
standard.
(5) At all times,
including periods of start-up, 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 a 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 the 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 administrative regulations at the new
location or to administrative regulations which were applicable at the original
location, whichever is the more stringent.
Section 4. Circumvention. No owner or
operator subject to the provisions of the administrative regulations of the
Division for Air Quality 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 administrative regulations
promulgated by the cabinet.
STATUTORY AUTHORITY:
KRS
224.10-100