Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
224.10-100, 40 C.F.R. 51 Subpart I, Appendix
S, sec. IV, Part 51, Appendix W, 51.166, 52.21, 52.26, 53, 58 Appendix A, 60,
61, 63, 70.6, 81.318, 81 Subpart D,
42 U.S.C.
7401-7671q
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
224.10-100(5) requires the
cabinet to promulgate administrative regulations for the prevention, abatement,
and control of air pollution. This administrative regulation provides for the
prevention of significant deterioration of ambient air quality. The provisions
of this administrative regulation are not more stringent than the corresponding
federal requirements.
Section 1.
Applicability.
(1) This administrative
regulation shall apply to the construction of a new major stationary source or
a project at an existing major stationary source that commences construction
after September 22, 1982, and locates in an area designated attainment or
unclassifiable under
42 U.S.C.
7407(d)(1)(A)(ii) and
(iii).
(2) Except as otherwise provided in this
administrative regulation, the provisions of Sections 8 to 16 of this
administrative regulation shall apply to the construction of a new major
stationary source or a major modification of an existing major stationary
source.
(3) The owner or operator
of a new major stationary source or major modification, which is subject to the
requirements of Sections 8 to 16 of this administrative regulation, shall not
begin actual construction without a proposed permit or proposed permit revision
issued under
401 KAR 52:020
stating that the major stationary source or major modification shall meet those
requirements.
(4) Applicability
tests for projects. Except as provided in subsection (5) of this section, a
project shall be a major modification for a regulated NSR pollutant only if the
project causes a significant emissions increase and a significant net emissions
increase as provided in paragraphs (a) and (b) of this subsection.
(a) Prior to beginning actual construction,
the owner or operator shall first determine if a significant emissions increase
will occur for the applicable type of unit being constructed according to
subparagraphs 1 to 3 of this paragraph.
1.
Actual-to-projected actual applicability test for projects that only involve
existing emissions units. A significant emissions increase of a regulated NSR
pollutant shall be projected to occur if the sum of the difference between the
projected actual emissions and the baseline actual emissions for each existing
emissions unit equals or exceeds the significant amount for that
pollutant.
2. Actual-to-potential
test for projects that involve only construction of new emissions units. A
significant emissions increase of a regulated NSR pollutant shall be projected
to occur if the sum of the potential to emit from each new emissions unit
following completion of the project equals or exceeds the significant amount
for that pollutant.
3. Hybrid test
for projects that involve multiple types of emissions units. A significant
emissions increase of a regulated NSR pollutant shall be projected to occur if
the sum of the emissions increases for each emissions unit, using a method
specified in subparagraphs 1 and 2 of this paragraph as applicable for each
emissions unit, equals or exceeds the significant amount for that
pollutant.
(b) Prior to
beginning actual construction and after completing the applicable procedure
established in paragraph (a) of the subsection, the owner or operator shall
determine for each regulated NSR pollutant if a significant net emissions
increase will occur pursuant to
401 KAR
51:001, Section 1(144) and (218).
(5) For a plant-wide applicability limit
(PAL) for a regulated NSR pollutant at a major stationary source, the owner or
operator of the major stationary source shall comply with the applicable
requirements of Section 20 of this administrative
regulation.
Section 2.
Ambient Air Increments.
(1) In areas
designated as Class I or II, increases in pollutant concentration over the
baseline concentration shall be limited to the following levels:
Pollutant
|
Maximum Allowable Increase
(Micrograms per cubic meter)
|
Class I
|
Particulate Matter:
|
PM2.5, annual arithmetic
mean
|
1
|
PM2.5, 24-hour maximum
|
2
|
PM10, annual arithmetic
mean
|
4
|
PM10, 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:
|
PM2.5, annual arithmetic
mean
|
4
|
PM2.5, 24-hour maximum
|
9
|
PM10, annual arithmetic
mean
|
17
|
PM10, 24-hour maximum
|
30
|
Sulfur Dioxide:
|
Annual arithmetic mean
|
20
|
24-hour maximum
|
91
|
3-hour maximum
|
512
|
Nitrogen Dioxide:
|
Annual arithmetic mean
|
25
|
(2) For
any 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 3.
Ambient Air Ceilings. The concentration of a regulated NSR pollutant shall not
exceed the concentration allowed under the national secondary ambient air
quality standard or under the national primary ambient air quality standard,
whichever concentration is lower for the pollutant for a period of
exposure.
Section 4. Restrictions
on 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 that exceed 5,000 acres in size;
and
(c) National parks that exceed
6,000 acres in size.
(2)
Any other area, unless otherwise specified in the legislation creating the
area, shall be designated Class II but may be redesignated as provided in
40 C.F.R.
51.166(g).
(3) The visibility protection requirements of
this administrative regulation shall apply only to sources that may impact a
mandatory Class I federal area.
(4)
The following areas may be redesignated only as Class I or II:
(a) An area that 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
5. Exclusions from Increment Consumption.
(1) Pursuant to notice and opportunity for at
least one (1) public hearing to be held in accordance with procedures
established in
401 KAR
52:100, the cabinet may exclude the following
concentrations in determining compliance with a maximum allowable increase:
(a) Concentrations attributable to the
increase in emissions from stationary sources that have 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 these sources
before the effective date of the order;
(b) Concentrations attributable to the
increase in emissions from sources that have converted from using natural gas
by reason of a natural gas curtailment plan in effect pursuant to a federal
statute over the emissions from those sources before the effective date of the
plan;
(c) Concentrations of
particulate matter attributable to the increase in emissions from construction
or other temporary emission-related activities of new or modified sources;
and
(d) Concentrations attributable
to the temporary increase in emissions of sulfur dioxide, par-ticulate matter,
or nitrogen oxides from stationary sources affected by plan revisions approved
by the Administrator of the U.S. EPA as meeting the criteria established in
subsection (3) of this section.
(2)
(a)
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 curtailment plan to which subsection (1)(b) of this section refers,
whichever is applicable.
(b) If
both an order and curtailment plan are applicable, an exclusion shall not 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:
(a) The time period over which the temporary
emissions increase of sulfur dioxide, particu-late matter, or nitrogen oxides
would occur shall be specified and 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 shall not be
renewable;
(c) An emissions
increase from a stationary source shall not occur that will:
1. Impact a Class I area or an area in which
an applicable increment is known to be violated; or
2. Cause or contribute to the violation of a
national ambient air quality standard; and
(d) 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 shall not exceed the levels occurring from those sources before the
revision was approved.
Section 6. Stack Heights.
(1) The degree of emissions 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 7. Exemptions.
(1) Sections 8 to16 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 approval 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.
(b)
1. The major stationary source is a nonprofit
health institution, a nonprofit educational institution, or a major
modification at such an institution; and
2. The Governor of the Commonwealth of
Kentucky requests that it be exempt from those requirements.
(c) The source or modification is
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, except ethanol production facilities producing ethanol by
natural fermentation under the North American Industry Classification System
(NAICS) codes 325193 or 312140;
21.
Fossil-fuel boilers, or combination of fossil-fuel boilers, totaling more than
250 million BTUs 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 BTUs per hour heat input; or
27. Another stationary source category that,
as of August 7, 1980, is being regulated under
42 U.S.C.
7411 or
7412.
(d) The source or modification is a portable
stationary source that has previously received a permit under this
administrative regulation; and
1. The owner
or operator proposes to relocate the source, and the emissions of the source at
the new location will be temporary;
2. The emissions from the source will not
exceed its allowable emissions;
3.
The emissions from the source will not impact a Class I area or an area where
an applicable increment is known to be violated; and
4.
a.
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.
b. 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 pursuant to this subsection.
(e) 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)
1. The
source or modification was subject to this administrative regulation for
particulate matter requirements in effect before July 31, 1987, and the owner
or operator submitted an application for a permit under the applicable permit
program before that date; and
2.
The cabinet subsequently determined that the application as submitted was
complete with respect to the particulate matter requirements then in
effect.
(2)
Sections 8 to 16 of this administrative regulation shall not apply to a major
stationary source or major modification for a particular pollutant if the owner
or operator demonstrates that, for that pollutant, the source or modification
is located in an area designated as nonat-tainment pursuant to
42 U.S.C.
7407(d)(1)(A)(i).
(3) Sections 9,11, and 13 of this
administrative regulation shall not apply to a proposed major stationary source
or major modification for a particular pollutant, if the allowable emissions of
that pollutant from the source, or the net emissions increase of that pollutant
from a modification:
(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.
(4) Sections
9, 11, and 13 of this administrative regulation, as applicable 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 regulated NSR pollutant from the
modification after the application of BACT will be less than fifty (50) tons
per year.
(5) The cabinet may
exempt a proposed major stationary source or major modification from the
monitoring requirements of Section 11 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 listed in the following table; or
Pollutant
|
Air Quality Level
|
Averaging Time
|
Carbon monoxide
|
575 µg/m3
|
8-hour average
|
Nitrogen dioxide
|
14 µg/m3
|
annual average
|
PM2.5
|
4 µg/m3
|
24-hour average
|
PM10
|
10 µg/m3
|
24-hour average
|
Sulfur dioxide
|
13 µg/m3
|
24-hour average
|
Ozone
|
A de minimis air quality level is not provided for
ozone. However, a net increase of 100 tons per year or more of volatile organic
compounds or nitrogen oxides subject to this administrative regulation shall be
required to perform an ambient impact analysis including the gathering of
ambient air quality data.
|
Lead
|
0.1 µg/m3
|
3-month average
|
Fluorides
|
0.25 µg/m3
|
24-hour average
|
Hydrogen sulfide
|
0.2 µg/m3
|
1-hour average
|
Total reduced sulfur
|
10 µg/m3
|
1-hour average
|
Reduced sulfur compounds
|
10 µg/m3
|
1-hour average
|
(b) The
concentrations of the pollutant in the area that the source or modification
will affect are less than the concentrations listed in the table in paragraph
(a) of this subsection, or the pollutant is not listed in the table.
(6) Permitting requirements
equivalent to Section 9(2) of this administrative regulation shall not apply to
a stationary source or modification for a maximum allowable increase for
nitrogen oxides, if:
(a) The owner or operator
of the source or modification submitted an application for a permit or permit
revision under the applicable permit program before the date on which the
provisions embodying the maximum allowable increase took effect in the Kentucky
SIP; and
(b) The cabinet
subsequently determined that the application as submitted before that date was
complete.
(7) Permitting
requirements equivalent to Section 10(2) of this administrative regulation
shall not apply to a stationary source or modification for a maximum allowable
increase for PM10, if:
(a) The owner or operator of the source or
modification submitted an application for a permit under the applicable permit
program before the provisions embodying the maximum allowable increases for
PM10 took effect as part of Kentucky's SIP;
and
(b) The cabinet subsequently
determined that the application as submitted before that date was
complete.
(8)
(a) The cabinet may determine that the
requirements for air quality monitoring of PM10 in
Section 11 of this administrative regulation shall not apply to a particular
source or modification, if:
1. 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
2. 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 11 of this
administrative regulation.
(b) The requirements for air quality
monitoring of PM10 in Section 11 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 C.F.R.
52.21 or this administrative regulation after
June 1, 1988, and not later than December 1, 1988.
1. The data shall have been gathered over at
least the period from February 1, 1988, to the date the application becomes
complete in accordance with Section 11 of this administrative regulation;
and
2. If the cabinet determines
that a complete and adequate analysis can be accomplished with monitoring data
over a shorter period, which may not to be less than four (4) months, the data
that Section 11 of this administrative regulation requires shall have been
gathered over that shorter period.
(9) If the owner or operator of the source or
modification submitted an application for a permit under
40 C.F.R.
52.21 or this administrative regulation
before the date the provisions embodying the maximum allowable increases for
PM10 took effect and the cabinet subsequently determined
that the application as submitted before that date was complete, the
requirements of Section 9(2) of this administrative regulation shall:
(a) Not apply to a stationary source or
modification for a maximum allowable increase for PM10;
and
(b) Apply for the maximum
allowable increases for TSP as in effect on the day the application was
submitted.
Section
8. Control Technology Review.
(1)
A major stationary source or major modification shall meet each applicable
emissions limitation under the Kentucky SIP and each applicable emissions
standard and standard of performance pursuant to 40 C.F.R. Parts 60 and
61.
(2) A new major stationary
source shall apply BACT for each regulated NSR pollutant for which the source
has the potential to emit in significant amounts.
(3) A major modification shall apply BACT:
(a) For each regulated NSR pollutant that
results in a significant net emissions increase at the source; and
(b) For each proposed emissions unit at which
a net emissions increase in the pollutant occurs as a result of a physical
change or change in the method of operation of the unit.
(4) For phased construction projects:
(a) The cabinet shall review and modify, as
appropriate, the BACT determination at the latest reasonable time occurring not
later than eighteen (18) months prior to commencement of construction of each
independent phase of the project; and
(b) If requested by the cabinet, the owner or
operator of the applicable stationary source shall demonstrate the adequacy of
a previous BACT determination for the source.
Section 9. Source Impact Analysis.
(1) The owner or operator of the proposed
source or modification shall demonstrate that allowable emissions increases
from the proposed source or modification, in conjunction with all other
applicable emissions increases or reductions, including secondary emissions,
shall not cause or contribute to air pollution in violation of:
(a) A national ambient air quality standard
in an air quality control region; or
(b) An applicable maximum allowable increase
over the baseline concentration in any area.
(2) For purposes of
PM2.5, the demonstration pursuant to subsection (1) of
this section is deemed to have been made if the emissions increase from the new
stationary source alone or from the modification alone would cause, in all
areas, an air quality impact less than the amounts listed in the following
table.
Pollutant
|
Averaging Time
|
Class I area
|
Class II area
|
PM2.5
|
Annual
|
0.06 µg/m3
|
0.3 µg/m3
|
PM2.5
|
24-hour
|
0.07 µg/m3
|
1.2 µg/m3
|
Section
10. Air Quality Models.
(1)
Estimates of ambient concentrations shall be based on the applicable air
quality models, databases, and other requirements specified in 40 C.F.R. Part
51, Appendix W, "Guideline on Air Quality Models" Appendix A.
(2) If an air quality model specified in 40
C.F.R. Part 51 , Appendix W, is inappropriate, the model may be modified or
another model substituted.
(a) The use of a
modified or substitute model shall be:
1.
Subject to notice and opportunity for public comment under
401 KAR
52:100; and
2. Approved in writing by the U.S. EPA
pursuant to
40 C.F.R.
51.166(1).
(b) 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.
Section 11. Air Quality Analysis.
(1) Preapplication analysis.
(a) An application for a permit or permit
revision under
401 KAR 52:020
and 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:
1. For a
source, each pollutant that the source will have the potential to emit in a
significant amount;
2. For a
modification, each pollutant that the modification will result in a significant
net emissions increase.
(b) For a pollutant that does not have a
national ambient air quality standard, the analysis shall contain 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 exists, 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)
1. The
required continuous air quality monitoring data shall have been gathered over a
period of at least one (1) year and shall represent at least the year preceding
receipt of the application.
2. If
the cabinet determines that a complete and adequate analysis may be
accomplished with monitoring data gathered over a period shorter than one (1)
year, that period shall be not less than four (4) months.
(e) For analysis of volatile organic
compounds, the owner or operator of a proposed major stationary source or major
modification who satisfies all conditions of 40 C.F.R. Part 51 , Appendix S,
section IV may provide postapproval monitoring data for ozone instead of
providing preconstruction data as required in this section.
(f) For air quality monitoring of
PM10 under Section 7(8)(a) and (b) of this
administrative regulation, the owner or operator of the source or major
modification shall use a monitoring method approved by the cabinet pursuant to
40 C.F.R. Part 53 and shall estimate the ambient concentrations of
PM10 using the data collected by that approved
monitoring method in accordance with estimating procedures approved by the
cabinet pursuant to 40 C.F.R. Part 58 , Appendix A.
(2) Postconstruction monitoring. After
construction of a major stationary source or major modification, the owner or
operator shall conduct ambient monitoring that 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. During
the operation of air quality monitoring stations, the owner or operator of a
major stationary source or major modification shall meet the requirements of 40
C.F.R. Part 58 , Appendix A to satisfy the air quality analysis requirements of
this section.
Section 12.
Source Information. The owner or operator of a proposed source or modification
shall submit to the cabinet all information necessary to perform an analysis or
make a determination required under this administrative regulation.
(1) 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; and
(c) A detailed description of the system of
continuous emissions reduction planned for the source or modification,
emissions estimates, and any information necessary to determine that BACT will
be applied.
(2) Upon
request of the cabinet, the owner or operator shall also provide 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 that has occurred since August 7,
1977, in the area the source or modification will affect.
Section 13. Additional Impact
Analysis.
(1) The owner or operator shall
provide an analysis of the impairment to visibility, soils, and vegetation that
will occur as a result of:
(a) The source or
modification; and
(b) General
commercial, residential, industrial, and other growth associated with the
source or modification.
(2) The owner or operator shall not be
required to provide an analysis of the impact on vegetation not having
significant commercial or recreational value.
(3) 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.
(4)
Visibility monitoring.
(a) If the cabinet
requires monitoring of visibility in a Class I area impacted by the proposed
new stationary source or major modification, the monitoring shall be performed
using:
1. Human observations;
2. Teleradiometers;
3. Photographic cameras;
4. Nephelometers;
5. Fine particulate monitors; or
6. Other U.S. EPA-approved methods.
(b) The method selected shall be
determined on a case-by-case basis by the cabinet pursuant to
40 C.F.R.
51.166.
(c) Visibility monitoring required by the
cabinet in a Class I area shall be approved by the federal land
manager.
(d) Data obtained from
visibility monitoring shall be made available to the cabinet, the U.S. EPA, and
the federal land manager, upon request.
Section 14. Sources Impacting Class I Areas;
Additional Requirements.
(1) Notice to U.S.
EPA and federal land managers. The cabinet shall provide;
(a) 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 major modification that
may affect the Class I area.
(b)
Notice promptly after receiving the permit application. The notice shall:
1. Include a copy of all information relevant
to the permit application;
2. 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; and
3. Include an analysis of the proposed
source's anticipated impacts on visibility in the Class I area.
(c) The cabinet shall also provide
the federal land manager and other federal officials with a copy of the
preliminary determination 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 advanced 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 shall have an
affirmative responsibility to protect visibility and other air quality related
values of the lands and to consider, in consultation with the cabinet, if a
proposed source or modification will have an adverse impact on those
values.
(3) Visibility analysis.
(a) The cabinet shall consider an analysis
performed by the federal land manager, which is provided within thirty (30)
days of the notice and analysis required by subsection (1) of this section,
which shows that a proposed new major stationary source or major modification
may have an adverse impact on visibility in a Class I area.
(b) If the cabinet finds the analysis does
not demonstrate to the cabinet's satisfaction that an adverse impact on
visibility will result in the Class I area, the cabinet shall, in the public
notice required in
401 KAR
52:100, either explain that decision or give notice as
to where the explanation may be obtained.
(4) Denial; impact on air quality related
values.
(a) 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
visibility and other air quality related values of those lands, even though the
change in air quality resulting from emissions from the proposed source or
modification will not cause or contribute to concentrations that will exceed
the maximum allowable increases for a Class I area.
(b) If the cabinet concurs with the
demonstration specified in paragraph (a) of this subsection, the cabinet shall
not issue the permit or permit revision.
(5) Class I variances.
(a) 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 not have adverse impact on the
visibility or other air quality related values of lands located in a Class I
area, even though the change in air quality resulting from emissions from the
source or modification will cause or contribute to concentrations that will
exceed the maximum allowable increases for a Class I area as specified in
Section 2(1) of this administrative regulation.
(b) If limitations are necessary, the cabinet
may issue the permit or permit revision with emissions limitations necessary to
assure that emissions of sulfur dioxide, PM2.5,
PM10, and nitrogen oxides will not exceed the maximum
allowable increases over minor source baseline concentration for the pollutants
as specified in
40 C.F.R.
51.166(p)(4), as published
on July 1, 2012, if:
1. The federal land
manager concurs with the demonstration specified in paragraph (a) of this
subsection and certifies accordingly; and
2. The other applicable requirements of this
administrative regulation are met.
(6) Sulfur dioxide variance by governor with
federal land manager's concurrence.
(a) 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
will not adversely affect the visibility or other air quality related values of
the area.
(b) The governor, after
consideration of the federal land manager's recommendation, if applicable, and
subject to the federal land manager's concurrence, may, after notice and public
hearing, grant a variance from the maximum allowable increase.
(c) If a variance is granted, the cabinet
shall issue a permit or permit revision to the source or modification under the
requirements of 401 KAR Chapter 52 if the other applicable requirements of this
administrative regulation are met.
(7) Variance by the governor with the
President's concurrence.
(a) 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.
(b) If the variance is
approved by the President, the cabinet shall issue a permit or permit revision
in accordance with the requirements of 401 KAR Chapter 52, if the other
applicable requirements of this administrative regulation are met.
(8) Emissions limitations for
presidential or gubernatorial variance. For a permit or permit revision issued
pursuant to subsections (6) or (7) of this section, the source or modification
shall comply with the emissions limitations necessary to assure that:
(a) Emissions of sulfur dioxide from the
source or modification shall not, during a day on which the other applicable
maximum allowable increases are exceeded, cause or contribute to concentrations
that will exceed the maximum allowable increases over the baseline
concentration as specified in the following table; and
Maximum Allowable Increase
(Micrograms per cubic meter)
|
Terrain areas
|
Period of Exposure
|
Low
|
High
|
24-hour maximum
|
36
|
62
|
3-hour maximum
|
130
|
221
|
(b)
Emissions shall not cause or contribute to concentrations that exceed 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 that are not
necessarily consecutive during an annual period.
Section 15. Public Participation. The cabinet
shall follow the applicable procedures of
401 KAR
52:100,
40 C.F.R.
51.166(q), and this
administrative regulation in processing applications under this administrative
regulation.
Section 16. Source
Obligation.
(1) An owner or operator of a
source or modification subject to this administrative regulation who begins
actual construction after September 22, 1982, shall construct and operate the
source or modification in accordance with the application submitted to the
cabinet under this administrative regulation and
401 KAR 52:020 or
under the terms of an approval to construct.
(2)
(a)
Approval to construct shall become invalid if construction:
1. Is not commenced within eighteen (18)
months after receipt of the approval;
2. Is discontinued for a period of eighteen
(18) months or more; or
3. Is not
completed within a reasonable time.
(b) The cabinet may extend the eighteen (18)
month period upon a satisfactory demonstration that an extension is justified.
1. An extension shall not apply to the time
period between construction of the approved phases of a phased construction
project; and
2. 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 the responsibility to comply fully with 401 KAR
Chapters 50 to 68 and other requirements of local, state, or federal
law.
(4) If a particular source or
modification becomes a major stationary source or major modification solely by
virtue of a relaxation in an enforceable limitation that was established after
August 7, 1980, on the capacity of the source or modification to emit a
pollutant, Sections 8 to 16 of this administrative regulation shall apply to
the source or modification as though construction had not yet commenced on the
source or modification.
(5)
(a) The provisions of this subsection shall
apply to projects at existing emissions units at a major stationary source
other than projects at a source with a PAL, if:
1. There is a reasonable possibility that a
project that is not part of a major modification may result in a significant
emissions increase; and
2. The
owner or operator elects to use the method specified in
401 KAR
51:001, Section 1(199)(b) to calculate projected
actual emissions.
(b)
Before beginning actual construction of a project specified in paragraph (a) of
this subsection, the owner or operator shall document and maintain a record of
the following information:
1. A description
of the project;
2. Identification
of the emissions units for which emissions of a regulated NSR pollutant could
be affected by the project; and
3.
A description of the applicability test used to determine that the project is
not a major modification for any regulated NSR pollutant, including:
a. Baseline actual emissions;
b. Projected actual emissions;
c. Amount of emissions excluded in
calculating projected actual emissions and an explanation for why that amount
was excluded; and
d. Any applicable
netting calculations.
(c) For a project specified in paragraph (a)
of this subsection, the owner or operator shall:
1. Monitor the emissions of any regulated NSR
pollutant that could increase as a result of the project and that are emitted
by any emissions unit identified in paragraph (b)2 of this subsection;
and
2. Calculate and maintain a
record of the annual emissions, in tons per year on a calendar year basis for:
a. Five (5) years following resumption of
regular operations after the change; or
b. Ten (10) years following resumption of
regular operations after the change if the project increases the design
capacity or potential to emit of the regulated NSR pollutant at the emissions
unit.
(d) If
the emissions unit is an existing EUSGU, before beginning actual construction,
the owner or operator:
1. Shall provide a copy
of the information in paragraph (b) of this subsection to the cabinet, but
shall not be required to obtain a determination from the cabinet before
beginning actual construction; and
2. Shall submit a report to the cabinet
within sixty (60) days after the end of each year during which records are
required to be generated under paragraph (b) of this subsection that reports
the unit's annual emissions during the calendar year that preceded submission
of the report.
(e)
1. For an existing unit other than an EUSGU,
the owner or operator shall submit a report to the cabinet if:
a. The annual emissions, in tons per year,
from a project identified in paragraph (a) of this subsection exceeds the
baseline actual emissions, as documented and maintained pursuant to paragraph
(b)3 of this subsection, by a significant amount for that regulated NSR
pollutant; and
b. The emissions
differ from the preconstruction projection as documented and maintained
pursuant to paragraph (b)3 of this subsection.
2. The report shall be submitted within sixty
(60) days after the end of the year during which records are required to be
generated under paragraph (b) of this subsection and shall contain the
following:
a. The name, address, and telephone
number of the major stationary source;
b. The annual emissions as calculated
pursuant to paragraph (c) of this subsection; and
c. Any other information that the owner or
operator wishes to include in the report.
(f) The owner or operator of the source shall
make the information required to be documented and maintained under to this
subsection available for review upon request for inspection by the cabinet or
the general public pursuant to
401 KAR
52:100.
Section 17. Environmental Impact Statements.
If a proposed source or modification is subject to action by a federal agency
that may necessitate preparation of an environmental impact statement under
42 U.S.C.
4321 to
4370d
(the National Environmental Policy Act), review by the cabinet conducted in
accordance with this administrative regulation shall be coordinated with the
broad environmental reviews under that Act and under
42
U.S.C. 7609 to the maximum extent feasible
and reasonable.
Section 18.
Innovative Control Technology.
(1) An owner
or operator of a proposed major stationary source or major modification may
make a written request that the cabinet approve a system of innovative control
technology.
(2) The cabinet may,
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 equivalent to that which would have
been required under Section 8(2) of this administrative regulation by a date,
specified by the cabinet that is not later than four (4) years from the time of
start-up or seven (7) years from permit issuance;
(c) The source or modification shall meet
requirements equivalent to those in Sections 8 and 9 of this administrative
regulation based on the emissions rate that the stationary source employing the
system of innovative control technology shall be required to meet on the date
specified by the cabinet;
(d) The
source or modification shall not before the date specified by the cabinet:
1. Cause or contribute to a violation of an
applicable national ambient air quality standard; or
2. Impact an area in which an applicable
increment is known to be violated;
(e) Section 14 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 and contributes 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 emissions
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 BACT through use of a demonstrated system of
control.
Section 19.
Permit Condition Rescission.
(1)
(a) An owner or operator holding a permit for
a stationary source or modification that contains conditions pursuant to 401
KAR 51:015 or 401 KAR 51:016 E 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 that 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 20. Plant-wide
Applicability Limit Provisions. The cabinet shall only approve the use of an
actuals PAL (PAL) for an existing major stationary source if the PAL meets the
requirements of this section.
(1) General
provisions.
(a) An owner or operator may
execute a project without triggering major NSR, if the source maintains its
total source-wide emissions below the PAL level, meets the requirements in this
section, and complies with the PAL permit. If these conditions are met, a
project:
1. Shall not be considered a major
modification for the PAL pollutant;
2. Shall not have to be approved through
Kentucky's major NSR program; and
3. Shall not be subject to the provisions of
Section 16(4) of this administrative regulation concerning restrictions on
relaxing enforceable emission limitations that a major stationary source used
to avoid applicability of the major NSR program.
(b) Except as provided under subparagraph
(1)(a)3 of this section, a major stationary source shall continue to comply
with all applicable federal or state requirements, emissions limitations, and
work practice requirements that were established prior to the effective date of
the PAL.
(2) Permit
application requirements. The owner or operator of a major stationary source
shall submit the following information to the cabinet for approval as part of
an application for a permit or permit revision requesting a PAL:
(a) A list of all emissions units at the
source designated as small, significant, or major, based on their potential to
emit;
(b) Identification of the
federal and state applicable requirements, emissions limitations, and work
practice requirements that apply to each emissions unit;
(c) Calculations of the baseline actual
emissions for the emissions units with supporting documentation, including
emissions associated with startup, shutdown, and malfunction; and
(d) The calculation procedures the owner or
operator proposes to use to convert the monitoring system data to monthly
emissions and annual emissions based on a twelve (12) month rolling total for
each month as required by subsection (12)(a) of this section.
(3) Establishing a PAL. The
cabinet shall establish a PAL at a major stationary source in a federally
enforceable permit pursuant to the requirements of this section.
(a) The PAL shall impose an annual emissions
limitation in tons per year that is enforceable as a practical matter for the
entire major stationary source.
1. For each
month during the PAL effective period after the first twelve (12) months of
establishing a PAL, the owner or operator shall demonstrate that the sum of the
monthly emissions from each emissions unit under the PAL for the previous
twelve (12) consecutive months is less than the PAL as a twelve (12) month
average, rolled monthly; and
2. For
each month during the first eleven (11) months from the PAL effective date, the
owner or operator shall demonstrate that the sum of the preceding monthly
emissions from the PAL effective date for each emissions unit under the PAL is
less than the PAL.
(b)
The PAL shall be established in a PAL permit that:
1. Meets the public participation
requirements in subsection (4) of this section; and
2. Contains all the requirements of
subsection (6) of this section.
(c) A PAL shall include fugitive emissions,
to the extent quantifiable, from all emissions units that emit or have the
potential to emit the PAL pollutant at the major stationary source.
(d) Each PAL shall regulate emissions of only
one (1) pollutant.
(e) Each PAL
shall have a PAL effective period of ten (10) years.
(f) The owner or operator of a major
stationary source with a PAL shall comply with the monitoring, recordkeeping,
and reporting requirements of subsections (11) to (13) of this section for each
emissions unit under the PAL through the PAL effective period.
(g) Emissions reductions of a PAL pollutant
that occur during the PAL effective period shall not be creditable as decreases
for offsets under
40 C.F.R.
51.165(a)(3)(ii), unless:
1. The level of the PAL is reduced by the
amount of the emissions reductions; and
2. The reductions will be creditable in the
absence of the PAL.
(4) Public participation requirements. PALs
for existing major stationary sources shall be established, renewed, or
increased pursuant to this subsection and the applicable procedures of
401 KAR
52:100. The cabinet shall:
(a) Provide the public with notice of the
proposed approval of a PAL permit with at least a thirty (30) day period for
submittal of public comment; and
(b) Address all material comments before
taking final action on a PAL permit or permit revision.
(5) Setting the ten (10) year PAL level.
(a) The PAL level for a major stationary
source shall be the sum of the baseline actual emissions of the PAL pollutant
for each emissions unit at the source during the chosen twenty-four (24) month
period plus the applicable significant level for the PAL pollutant under the
definition for "significant" in
401 KAR
51:001, Section 1 or under
42 U.S.C.
7401-7671q,
whichever is lower.
(b) In
establishing a PAL level for a PAL pollutant, only one (1) consecutive
twenty-four (24) month period shall be used to determine the baseline actual
emissions for all existing emissions units.
(c) A different consecutive twenty-four (24)
month period may be used for each different PAL pollutant.
(d) Emissions associated with units that were
permanently shut down after the chosen twenty-four (24) month period shall be
subtracted from the PAL level.
(e)
Emissions from units for which actual construction began after the twenty-four
(24) month period shall be added to the PAL level in an amount equal to the
potential to emit of the units.
(f)
The cabinet shall specify a reduced PAL level in the PAL permit to become
effective on the future compliance date of any applicable federal or state
regulatory requirement that the cabinet is aware of prior to issuance of the
PAL permit.
(6) Contents
of the PAL permit. The PAL permit shall contain the following information:
(a) The PAL pollutant and the applicable
source-wide emissions limitation in tons per year;
(b) The PAL permit effective date and the
expiration date of the PAL or PAL effective period;
(c) Specification in the PAL permit that if a
major stationary source owner or operator applies to renew a PAL under
subsection (9) of this section before the end of the PAL effective period, the
PAL shall remain in effect until a revised PAL permit is issued by the
cabinet;
(d) A requirement that
emissions calculations for compliance purposes include emissions from startups,
shutdowns, and malfunctions;
(e) A
requirement that, once the PAL expires, the major stationary source shall be
subject to the requirements of subsection (8) of this section;
(f) The calculation procedures that the major
stationary source owner or operator shall use to convert the monitoring system
data to monthly emissions and annual emissions based on a twelve (12) month
rolling total for each month as required by subsection (12)(a) of this
section;
(g) A requirement that the
major stationary source owner or operator shall monitor all emissions units in
accordance with the provisions in subsection (12) of this section;
(h) A requirement that the owner or operator
shall retain the records required under subsection (12) of this section on
site. Records may be retained in an electronic format;
(i) A requirement for the owner or operator
to submit the reports required under subsection (13) of this section by the
required deadlines; and
(j) Any
requirements necessary to implement and enforce the PAL.
(7) PAL effective period and reopening of a
PAL permit.
(a) A PAL effective period shall
be ten (10) years.
(b) The cabinet
shall reopen a PAL permit to:
1. Correct
typographical or calculation errors made in setting the PAL;
2. Reflect a more accurate determination of
emissions used to establish the PAL;
3. Reduce the PAL if the owner or operator of
the major stationary source creates creditable emissions reductions for use as
offsets under
40 C.F.R.
51.165(a)(3)(ii);
or
4. Revise the PAL to reflect an
increase in the PAL according to subsection (10) of this
section.
(c) The cabinet
may reopen the PAL permit, during the PAL effective period, to:
1. Reduce the PAL to reflect newly applicable
federal requirements with compliance dates after the PAL effective
date;
2. Reduce the PAL consistent
with any requirement enforceable as a practical matter and imposed on the major
stationary source under the SIP; and
3. Reduce the PAL if the cabinet determines
that a reduction is necessary to avoid causing or contributing to:
a. A National Ambient Air Quality Standard
(NAAQS) or PSD increment violation; or
b. An adverse impact on visibility or another
air quality related value that has been identified for a federal Class I area
by a federal land manager and for which information is available to the general
public.
(d) All
permit reopenings shall be carried out under the public participation
requirements of subsection (4) of this section except for permit reopenings to
correct typographical or calculation of errors that do not increase the PAL
level.
(8) Expiration of
a PAL. A PAL that is not renewed shall expire at the end of the PAL effective
period, and the requirements of this subsection shall then apply.
(a) Each emissions unit, or each group of
emissions units, that existed under the PAL shall comply with an allowable
emissions limitations under a revised permit established as follows:
1. An owner or operator of a major stationary
source using a PAL shall submit a proposed allowable emissions limitation for
each emissions unit, or each group of emissions units, by distributing the PAL
allowable emissions for the major stationary source among each of the emissions
units that existed under the PAL.
a. This
proposal shall be submitted to the cabinet at least six (6) months before the
expiration of the PAL permit but not sooner than eighteen (18) months before
permit expiration.
b. If the PAL
has not yet been adjusted for an applicable requirement that became effective
during the PAL effective period, as required under subsection (9)(e) of this
section, distribution of allowable emissions shall be made as if the PAL has
been adjusted.
2. The
cabinet shall decide the date and procedure the owner or operator shall use to
distribute the PAL allowable emissions.
3. The cabinet shall issue a revised permit
incorporating allowable limits for each emissions unit, or each group of
emissions units, as the cabinet determines is appropriate.
(b) Each emissions unit shall comply with the
allowable emissions limitation on a twelve (12) month rolling basis. The
cabinet may approve the use of monitoring systems other than CEMS, CERMS, PEMS,
or CPMS if the alternate monitoring system demonstrates compliance with the
allowable emissions limitation.
(c)
The source shall continue to comply with a source-wide, multiunit emissions cap
equivalent to the level of the PAL emissions limitation until the cabinet
issues the revised permit incorporating allowable limits for each emissions
unit or each group of emissions units.
(d) A major modification at the major
stationary source shall be subject to major NSR requirements.
(e) The major stationary source owner or
operator shall continue to comply with any state or federal applicable
requirements eliminated by the PAL that applied during or before the PAL
effective period, except for those emissions limitations established pursuant
to Section 16(4) of this administrative regulation.
(9) Renewal of a PAL.
(a) Public participation requirements.
1. The cabinet shall follow the public
participation procedures specified in subsection (4) of this section in
approving a request to renew a PAL for a major stationary source.
2. The cabinet shall provide a written
rationale for the proposed PAL level for public review and comment.
3. Any person may propose a PAL level for the
source for consideration by the cabinet during the public review
period.
(b) Application
deadline.
1. A major stationary source owner
or operator shall submit an application for renewal of a PAL at least six (6)
months before the date of permit expiration but not earlier than eighteen (18)
months before permit expiration.
2.
The deadline for application submittal shall ensure that the permit shall not
expire before the permit is renewed.
3. If a complete application for renewal is
submitted within the timeframe specified in sub-paragraph 1 of this paragraph,
the PAL shall continue to be effective until the revised permit with the
renewed PAL is issued.
(c) Application requirements. The application
to renew a PAL permit shall contain:
1. The
information required in subsection (2) of this section;
2. A proposed PAL level;
3. The sum of the potential to emit of all
emissions units under the PAL with supporting documentation; and
4. Any other information the owner or
operator wishes the cabinet to consider in determining the appropriate level to
renew the PAL.
(d) PAL
adjustment.
1. A PAL shall not exceed the
source's potential to emit. The cabinet shall adjust the PAL downward if a
source's potential to emit has declined below the PAL level.
2. The cabinet may renew the PAL at the same
level as the current PAL if the sum of the baseline actual emissions for all
emissions units at the source plus an amount equal to the significant level is
equal to or greater than eighty (80) percent of the current PAL level, unless
the sum is greater than the source's potential to emit.
3. If the sum of the baseline actual
emissions for all emissions units at the source plus an amount equal to the
significant level is less than eighty (80) percent of the current PAL level,
the cabinet may set the PAL at a different level if the level is determined to
be:
a. More representative of the source's
baseline actual emissions; or
b.
Appropriate considering the following factors:
(i) Air quality needs;
(ii) Advances in control
technology;
(iii) Anticipated
economic growth in the area of the source;
(iv) The cabinet's goal of promoting voluntary
emissions reductions;
(v) Cost
effective emissions control alternatives; and
(vi) Other factors as specifically identified
by the cabinet in its written rationale for setting the PAL
level.
4. The
cabinet shall not approve a renewed PAL level higher than the current PAL,
unless the major stationary source has complied with the provisions of
subsection (10) of this section.
(e) The PAL shall be adjusted in conjunction
with PAL permit renewal or Title V permit renewal, whichever comes first, if:
1. The compliance date for a state or federal
applicable requirement that applies to the PAL source occurs during the PAL
effective period; and
2. The
cabinet has not already adjusted for the requirement.
(10) Increasing a PAL during the
PAL effective period. The cabinet may increase a PAL emissions limitation
during the PAL effective period if the major stationary source complies with
the provisions of this subsection.
(a)
Application procedures. To request an increase in the PAL limit for a PAL major
modification, the owner or operator of the major stationary source shall submit
a complete application, which shall include:
1. Identification of the emissions units
contributing to the increase in emissions that cause the source's emissions to
equal or exceed its PAL;
2.
Demonstration that the increased PAL, as calculated in paragraph (c) of this
subsection, exceeds the PAL; and
a. The level
of control that results from BACT equivalent controls on each significant or
major emissions unit shall be determined by conducting a new BACT analysis with
the application submittal, unless the emissions unit is currently required to
comply with a BACT or LAER requirement that was established within the
preceding ten (10) years;
b. If an
emissions unit currently complies with BACT or LAER, the assumed control level
for that emissions unit shall be equal to the current level of BACT or LAER for
that emissions unit; and
3. A statement that the increased PAL level
shall be effective on the day any emissions unit that is part of the PAL major
modification becomes operational and begins to emit the PAL
pollutant.
(b) NSR permit
and compliance requirement. The owner or operator shall obtain a major NSR
permit for all emissions units contributing to the increase in emissions for
the PAL major modification.
1. A significant
level shall not apply in deciding for which emissions units a major NSR permit
shall be obtained; and
2. Emissions
units that obtain a major NSR permit shall comply with any emissions
requirements resulting from the major NSR process, even though the units shall
also become subject to the PAL or shall continue to be subject to the
PAL.
(c) Calculation of
increased PAL. The cabinet shall calculate the new PAL as the sum of the
allowable emissions for each modified or new emissions unit, plus the sum of
the baseline actual emissions of the significant and major emissions units
assuming application of BACT equivalent controls, plus the sum of the baseline
actual emissions of the small emissions units.
(d) Public notice requirement. The public
notice requirements of subsection (4) of this section shall be followed during
PAL permit revision for an increased PAL level.
(11) Monitoring requirements for PALs.
(a) General requirements.
1. Each PAL permit shall contain enforceable
requirements for the chosen monitoring system that accurately determines
plant-wide emissions of the PAL pollutant in terms of mass per unit of
time;
2. A monitoring system
authorized for use in the PAL permit shall be:
a. Approved by the cabinet pursuant to this
subsection; and
b. Based on sound
science and meet generally acceptable scientific procedures for data quality
and manipulation;
3. The
data generated by a monitoring system shall meet minimum legal requirements for
admissibility in a judicial proceeding to enforce the PAL permit;
4. The PAL monitoring system shall employ one
(1) or more of the four (4) general monitoring approaches meeting the minimum
requirements set forth in paragraph (b) of this subsection;
5. The cabinet may approve an alternative
monitoring approach that meets the requirements of subparagraphs 1 to 3 of this
paragraph; and
6. Failure to use a
monitoring system that meets the requirements of this section shall render the
PAL invalid.
(b) Minimum
performance requirements for approved monitoring approaches. If conducted in
accordance with the minimum requirements in paragraphs (c) to (i) of this
subsection, the following shall be acceptable monitoring approaches:
1. Mass balance calculations for activities
using coatings or solvents;
2.
CEMS;
3. CPMS or PEMS;
and
4. Emission factors.
(c) Mass balance calculations. An
owner or operator using mass balance calculations to monitor PAL pollutant
emissions from activities using coatings or solvents shall:
1. Provide a demonstrated means of validating
the published content of the PAL pollutant contained in or created by all
materials used in or at the emissions unit;
2. If the PAL pollutant cannot be accounted
for in the process, assume that the emissions unit emits all of the PAL
pollutant contained in or created by any raw material or fuel used in or at the
emissions unit; and
3. If the
vendor of the material or fuel from which the pollutant originates publishes a
range, use the highest value of the published range of pollutant content to
calculate the PAL pollutant emissions, unless the cabinet determines there is
site-specific data or a site-specific monitoring program to support another
pollutant content within the range.
(d) CEMS. An owner or operator using CEMS to
monitor PAL pollutant emissions shall meet the following requirements:
1. CEMS shall comply with applicable
performance specifications found in 40 C.F.R. Part 60 , Appendix B;
and
2. CEMS shall sample, analyze,
and record data at least every fifteen (15) minutes while the emissions unit is
operating.
(e) CPMS or
PEMS. An owner or operator using CPMS or PEMS to monitor PAL pollutant
emissions shall meet the following requirements:
1. The CPMS or the PEMS shall be based on
current site-specific data demonstrating a correlation between the monitored
parameter and the PAL pollutant emissions across the range of operation of the
emissions unit; and
2. While the
unit is operating, each CPMS or PEMS shall sample, analyze, and record data at
least every fifteen (15) minutes, or at another less frequent interval if
approved by the cabinet.
(f) Emission factors. An owner or operator
using emission factors to monitor PAL pollutant emissions shall meet the
following requirements:
1. All emission
factors shall be adjusted, if appropriate, to account for the degree of
uncertainty or limitations in the factors' development;
2. The emissions unit shall operate within
the designated range of use for the emission factor, if applicable;
and
3. The owner or operator of a
significant emissions unit that relies on an emission factor to calculate PAL
pollutant emissions shall conduct validation testing to determine a
site-specific emission factor within six (6) months of PAL permit issuance if
the cabinet determines that the testing is required and technically
practicable.
(g) A source
owner or operator shall record and report maximum potential emissions without
considering enforceable emissions limitations or operational restrictions for
an emissions unit during any period of time there is no monitoring data, unless
another method for determining emissions during such periods is specified in
the PAL permit.
(h) If an owner or
operator of an emissions unit cannot demonstrate a correlation between the
monitored parameters and the PAL pollutant emissions rate at all operating
points of the emissions unit, as an alternative to the requirements of
paragraphs (c) to (g) of this subsection, in conjunction with permit issuance
the cabinet shall:
1. Establish default
values for determining compliance with the PAL based on the highest potential
emissions reasonably estimated at operating points; or
2. Determine that operation of the emissions
unit during operating conditions if there is not a correlation between
monitored parameters and the PAL pollutant emissions is a violation of the
PAL.
(i) Revalidation.
All data used to establish the PAL pollutant shall be revalidated through
performance testing or other scientifically valid means if approved by the
cabinet. Validation testing shall occur at least once every five (5) years
after issuance of the PAL.
(12) Recordkeeping requirements.
(a) The PAL permit shall require an owner or
operator to retain a copy of all records necessary to determine compliance with
any requirement of this section and of the PAL, including a determination of
each emissions unit's twelve (12) month rolling total emissions for five (5)
years from the date of the determination.
(b) The PAL permit shall require an owner or
operator to retain a copy of the following records for the duration of the PAL
effective period plus five (5) years:
1. A
copy of the PAL permit application and any applications for revisions to the
PAL; and
2. Each annual
certification of compliance pursuant to Title V and the data used to certify
compliance.
(13) Reporting and notification requirements.
The owner or operator shall submit semiannual monitoring reports and prompt
deviation reports to the cabinet in accordance with
401 KAR 52:020,
401 KAR
52:030, and
401 KAR
52:040 that meet the following requirements:
(a) Semiannual report. The semiannual report
shall be submitted to the cabinet within thirty (30) days of the end of each
reporting period and shall contain:
1. The
identification of owner and operator and the permit number;
2. Total annual emissions, in tpy, based on a
twelve (12) month rolling total for each month in the reporting period recorded
pursuant to subsection (12)(a) of this section;
3. All data used in calculating the monthly
and annual PAL pollutant emissions, including any quality assurance or quality
control data;
4. A list of any
emissions units modified or added to the major stationary source during the
preceding six (6) month period;
5.
The number, duration, and cause of any deviations or monitoring malfunctions,
other than the time associated with zero and span calibration checks, and any
corrective action following a deviation;
6. A notification of permanent or temporary
shutdown of any monitoring system including:
a. The reason for the shutdown;
b. The anticipated date that the monitoring
system shall be fully operational or shall be replaced with another monitoring
system;
c. If applicable, a
statement that the emissions unit monitored by the monitoring system continued
to operate without the monitoring system; and
d. The calculation of the emissions of the
pollutant or the number determined according to subsection (11)(g) of this
section that is included in the permit; and
7. A signed statement by the responsible
official, as defined by
401 KAR
51:001, Section 1(210), certifying the truth,
accuracy, and completeness of the information provided in the semiannual
report.
(b) Deviation
report. The major stationary source owner or operator shall submit reports of
any deviation or exceedance of the PAL requirements, including periods
monitoring is unavailable.
1. A report
submitted pursuant to
40 C.F.R.
70.6(a)(3)(iii)(B) shall
satisfy the deviation reporting requirement;
2. The deviation report shall be submitted
within the time limits prescribed by
40 C.F.R.
70.6(a)(3)(iii)(B);
3. The deviation report shall contain the
following information:
a. The identification
of the owner, the operator, and the permit number;
b. The PAL requirement that experienced the
deviation or that was exceeded;
c.
Emissions resulting from the deviation or the exceedance; and
d. A signed statement by the responsible
official, as defined by
401 KAR
51:001, Section 1(210), certifying the truth,
accuracy, and completeness of the information provided in the report.
(c) Revalidation
results. The owner or operator shall submit to the cabinet the results of any
revalidation test or method within three (3) months after completion of the
test or method.
(14)
Transition requirements.
(a) After the U.S.
EPA approves the Kentucky SIP revisions for the PAL provisions published in 67
Fed. Reg. 80186, December 31, 2002, the cabinet shall only issue a PAL that
complies with the requirements of this section.
(b) The cabinet may supersede a PAL that was
established before August 10, 2006, with a different PAL if the new PAL
complies with the requirements of this administrative regulation.
STATUTORY AUTHORITY:
KRS
224.10-100(5),
40 C.F.R.
51.166,
42 U.S.C.
7401-7671q